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1978 Supreme(Mad) 424

T.RAMAPRASADA RAO, G.RAMANUJAM
R. M. Subbiah, Proprietor, R. M. S. Pictures and another – Appellant
Versus
N. Sankaran Nair and another – Respondent


Advocates:
N. C. Raghavachari, for T. V. Ramanujam, for Appellants.
V. R. Biksheswaran, for Respondents.

Ramaprasada Rao, CJ.-O.S.A. No. 75 of 1978 is by the first defendant in C.S. No. 214 of 1978 on the file of the Original Side of this Court and O.S.A.No. 76 of 1978 is by the second defendant in the said suit. These two appeals are directed against the order of Nainar Sundaram, J., in Application No. 2290 of 1978 on the Original Side. The plaintiffs claiming a copyright in the story titled ‘MADANOTSAVAM’ sought for an injunction restraining the appellants-defendants and or their authorised representatives from infringing the above copyright of the plaintiffs-respondents in any manner whatsoever and in particular, for an injunction restraining the defendants from producing or continuing to produce any picture in Telugu, based on the story of MADANOTSAVAM but under the title ‘AMAR PREM’. Such a prayer was asked for by the plaintiffs in Application No. 1946 of 1978. The learned Judge in a well considered order dated 17th May, 1978, instead of granting on injunction as prayed for, made certain directions, the operative portion of which said order reads as follows:

“I direct the defendants to furnish a bank guarantee to the tune of Rs. 50,000 to the satisfaction of II Assistant Registrar





















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