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2010 Supreme(Del) 1048

MANMOHAN SINGH
Moserbaer India Ltd. – Appellant
Versus
Modern Cinema – Respondent


Advocates Appeared:
Mr. Vineet Malhotra, Adv. with Mr. K. Singhal, and Mr. Sanjay Kumar, Advs. for the Plaintiff.
Mr. Sanjay Jain, Sr. Adv. with Mr. R. Anand Padmanabhan and Ms. Ruchi Jain, Advs. for the Defendant.

Manmohan Singh, J.

1. This order shall dispose of the application being I.A. No. 2196/2008 under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908 (hereinafter referred to as the CPC) filed by the plaintiff to confirm the ad interim order dated 19th February, 2008 and I.A. No. 3224/2008 under Order XXXIX Rule 4 of the CPC filed by the defendant for vacation of the above-mentioned interim order.

2. The plaintiff has filed the present suit for permanent injunction restraining infringement of copyright, rendition of account, passing off, delivery up, damages etc. against the defendant.

3. The plaintiff is carrying on business, inter alia, of manufacturing and acquiring video copyrights in respect of cinematographic films. It is the plaintiff's case that it entered into five separate agreements pertaining to assignment of copyrights with the film distributors/valid copyright holders of various cinematographic films, who had obtained the same from the producers thereof for the purpose of acquiring video copyrights in them. The details of the five agreements are as follows; the first agreement with M/s. West Top Investment India (P) Ltd. dated 28th July, 2006 for 55 movies; the

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