G.M.Akbar Ali
Capital Film Works (India) Ltd. – Appellant
Versus
Thiagarajan Kumararaja – Respondent
1. The present Petition is filed to reject the plaint in C.S.No.93 of 2012 as per Order VII Rule 11 (a) of the Civil Procedure Code.
2. Brief facts of the case to decide the issue on hand are narrated below:
The respondent claims that he is the Author of the script, stated to have been written in the year 2006, and he approached the applicants/defendants to make a film based on the Script authored by him. Petitioners-1 and 2, being the Film Making Company and its CEO respectively, agreed for production and cinemotgraph of the film "Aarnaya Kaandam". The respondent/plaintiff directed the film himself and he was paid certain amount for the script and direction. The film was released on 10.6.2011. Though the movie did not draw substantial number of viewers in the theatre, it won the grand Jury Award for the best film at South Asian International film festival at New York, United States. The movie also won two National Awards for the year 2011 and for 2012.
3. While so, the applicants took steps to dub the movie in Telugu. Having coming to know of such dubbing of the movie, the respondent claimed Copy Right of the literary work and on that basis, filed the main Suit for permanent inj
Inspiration Clothes vs Colby International Ltd (2001) 57 DRJ 16;
Ramrameshwari Devi v Nirmala Devi 2012-3-L. W. 97 ; (2011) 8 SCC 249;
Indian Performing Rights Society vs Eastern India Motion Pictures Association (1977) 2 SCC 820
Inspiration Clothes v Colby International Ltd 2001 57 DRJ 16 (; . Referred to.
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