JUDGMENT :

O.P. Dwivedi, J.

This order shall govern the disposal of is No. 5186/2001 filed by the defendant under Order 7 Rule 10 and Order 7 Rule 11(b)(c) CPC seeking return of the plaint for being presented in the proper Court having territorial jurisdiction.

2. The plaintiffs are companies incorporated in USA and carrying on business of film production having copy rights in the films produced by them. They adopt a definite distribution strategy to release the film after completion in different stages. Generally the first stage entails release of the film in theatres and/or cinema halls. It is only after the film has run its course in the theaters and cinema halls that the film is released in other formats such as video, cable and satellite TV. Defendant is alleged to be a cable TV operator providing cable TV services almost all over India through its associates/subsidiary companies, agents, franchises and distributors. It is the case of the plaintiffs that their investigation has revealed a truly alarming situation wherein many new films of the plaintiff are being shown clandestinely all over India on cable network without authority whatsoever by procuring pirated copies. In para 1