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2007 Supreme(Guj) 823

D.N.PATEL
Percept Picture Company Pvt. Ltd. – Appellant
Versus
Karma Production Pvt. Ltd. – Respondent


Advocates:
Appearance :
Mr. N.D. Nanavati, Senior Counsel with Mr. Y.J. Trivedi with Ms. Khooshnum R. Daviervala, for Mulla & Mulla with Mr. Harshit Tolia, with Mr. Jatin Y. Trivedi, with Mr. Tejas Trivedi, for the Appellant.
Mr. Kamal Trivedi, Senior Counsel with Mr. A.R. Majmudar, for the Respondent No. 1.

Judgment

D.N. Patel, J.—Rule. Learned Counsel Mr. A.R. Majmudar waives service of notice of Rule on behalf of Respondent No. 1.

2. This Appeal from order has been preferred against the order dated 24.12.2007 passed by learned in-charge District Judge, Vadodara below Exh-5 application in Regular Civil Suit No. 44 of 2007, whereby without giving notice to defendants, ex-parte, ad-interim relief, has been granted in favour of the plaintiff, in terms of Paras 29(a) and 29(b) of injunction application-Exh-5 application, preferred in the suit. These prayers which are granted by ex-parte order, read as under:

“29(a) pending hearing and final disposal of this suit, the defendants by themselves, their directors, servants, agents and distributors/exhibitors be restrained by an order of this Hon’ble Court from infringing the plaintiffs’ copyright in the artistic work “Bal Hanuman” registering under No. A-57127/99, in any manner whatsoever and by reproducing the same or substantial part thereof in any material form or by incorporating the plaintiffs’ said artistic work or any substantial part thereof or any reproduction thereof in a cinematograph film or by communicating the plaintiffs’ artistic





































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