JUDGMENT :

JAYANT NATH, J.

IA No.6852/2017 & 1414/2020

1. This is an application filed by the plaintiff seeking an ex-parte ad interim injunction to restrain the defendant, its directors, officers etc. from licensing or exploiting in any manner, including through physical formats such as CDs, DVDs, magnetic tapes, pen drives and/or on the internet through their website www.saregama.com or any other websites/software application, the copyrighted works viz. sound recordings (songs) incorporated in various cinematographic films as well as audio visuals of such songs.

2. The accompanying suit is filed by the plaintiff stating that it is carrying on the business of film production, distribution and exhibition under the name and style of ‘RAJ RISHI FILM’. Apart from the film production, distribution and exhibition, the plaintiff is also said to be engaged in the business of acquiring negative rights of various films from different producers which are approximately 250 in number. However, it is stated that the present suit is confined to only infringement caused by the defendant to144 films which are stated in para 2 of the plaint. It is urged that in terms of the agreements of the respective