1) A suit had been filed by the appellant herein before Principal District Judge, Srinagar on 07-12-2017 which came to be transferred to the court of Additional District Judge, Srinagar), for grant of following reliefs:—

(i) That the decree of permanent injunction decree in favour of the plaintiff and against the defendants perpetually restraining the defendants from releasing, telecasting placing on social media website or otherwise exhibiting themselves or through any representative/assign/agent releasing telecasting, exhibiting, viewing in private by placing on social media or in any manner whatsoever the film/movie/motion picture “half Widow” under said name or any other name or any trailer and brief version thereof or make its adaption reproduction whatsoever.

(ii) To pass a decree for rendition of accounts in favour of the plaintiff and against the defendants to determine the amount collected/raised by the defendants by infringement of plaintiff’s copyright and determine the amount payable by the defendants to the plaintiff and pass a decree for recovery/payment of the amount so determined.

(iii) To pass a decree to assess the damages suffered by the plaintiff due to infringement of his copy right and pass a decree directing the defendants to pay the damages so assess to plaintiff.

2) According to appellant/plaintiff, he was entitled to reliefs supra precisely on the following counts:—

(i) That the plaintiff in the year 2012 authored a novel titled “Half Widow” published by Power Publishers Kolkatta in July August 2012. The novel was published in fall 2014 in a concise form in the shape of short story by an online magazine Kashmir.Org under the title “She”. That the editor Kashmir.lit.Org on 22nd November 2013 through an e-mail introduced the plaintiff to the defendant No. 1 a film maker from Srinagar temporarily based in US. That the defendant No. 1 contacted the plaintiff on phone and had a brief conversation with the plaintiff. The plaintiff was informed that the defendant No. 1 had gone through the short story “she” and would love to include “Half Widow” as fourth story in the film and the defendant No. 1 made a promise that the plaintiff would be credited as the main story writer on the screenplay along with proper credit on the screen. The defendant No. 1 was further conveyed that the title cover of the book may be used for publicity purpose with the plaintiff’s permission. The plaintiff was assured that the plaintiff would be all along kept on board and involved during film making so that the justice was done to the subject matter.

(ii) That the plaintiff through e-mail communication dated 27th November 2014 was asked to give his written consent/permission via e-mail permitting/authorizing use of short story and its development into a screenplay. The defendant NO. 1 signified his intention to meet the plaintiff on former’s visit to the Kashmir early 2015.

(iii) That the defendant No. 1 vide e-mail communication dated 7th December 2014 sent to the e-mail asked the plaintiff to sign the agreement titled “contract for services rendered.” The plaintiff by the return e-mail communication of the same date sought some clarification including the meaning of alphabets TBD. The Plaintiff reply was responded by e-mail communication dated 8th December 2014 sent to the defendant No. 1 to plaintiff’s e-mail. The plaintiff informed that the reimbursement to the plaintiff on account of use of his short story would depend upon the budget available to the defendants and therefore would be decided later and that TBD in the contract stood for “to be decided.” The plaintiff was given liberty to take a print out of the contract sign it and scan it and thereafter forward it through e-mail to the defendant No. 1. T/he plaintiff on 8th December 2014 through two e-mail communications firstly informed the defendant that the plaintiff would “check and reply” and thereafter “Ok” signifying his willingness to sign the contract. The plai