(Prayer: Plaint under Order IV Rule 1 of the Original Side Rules 1956 read with Order VII Rule 1 of the Civil Procedure Code and Section 62 of the Copyright Act, 1957 praying as follows:

(a) A permanent injunction restraining the 1st defendant from violating in any way the negative covenant (clause 2) or any other provision of the Agreement dated 24.11.2007, particularly by entering into or attempting to enter into or, after entering into, by performing or assisting in the performance of, any agreement with any person inconsistent with the terms of the Agreement dated 24.11.2007;

(b) A permanent injunction restraining the 2nd defendant, its agents, officer, servants, and representatives, franchisees and all others in any capacity acting for or on its behalf from manufacturing, selling, distributing or in any other way infringing the Plaintiff Company’s exclusive right under the Copyright Act to deal in any sound recording composed or made by the 1st Defendant;

(c) A permanent injunction restraining the 2nd defendant from communicating with the Plaintiff Company’s dealers, suppliers or customers in a manner adverse to the Plaintiff Company’s reputation and, in particular, from purporting to question the Plaintiff Company’s right to exploit the works composed by the 1st defendant or claim conflicting rights thereto, and to award the costs.

Plaint under Order IV Rule 1 of the Original Side Rules, 1956 read with Order VII Rule 1 of the Civil Procedure Code praying as follows :

A. Permanent injunction restraining the defendants from violating in any way particularly by entering into or attempting to enter into or, after entering into by performing or assisting in the performance of, any agreement with any third party of the suit schedule mention films.

B. Permanent injunction restraining the defendants its agents officers servants, representatives, franchise and all others in any way capacity acting for or on behalf of from manufacturing, selling, distributing or in any other way infringing the plaintiff’s exclusive right under the Copy Right Act to deal in any sound recording composed or made by the defendants.

C. Permanent injunction restraining the defendants from communication with the plaintiff dealers, suppliers, or customers in a manner adverse to the plaintiff company’s reputation and, in particular from purporting to question the plaintiff’s right to exploit the works composed or claim conflicting rights and cost of the suit.)

Common Judgment:

This common judgment is passed in C.S.No.625 of 2014 and C.S.No.308 of 2013 since the issues as well as facts involved are intertwined. The plaintiff in C.S.No.308 of 2013 (1st suit’) is Agi Music, Malayasia, arrayed as D4 in C.S.No.625 of 2014 (‘2nd suit). Mr. Ilaiyaraja, arrayed as D1 in the 1st suit, is the plaintiff in 2nd suit. Modern Cinemas arrayed as D3 in the 1st suit is not a party in the 2nd suit. That apart, the 2nd suit filed by Mr.Ilaiyaraja arrays the Echo Recording Company Pvt. Ltd., M/s.Unisys Info Solution Pvt. Ltd., and Giri Trading Company as D2, D3 and D5 respectively.

2. The reliefs sought in both suits are set out hereunder:

C.S.308 of 2013:

(a) A permanent injunction restraining the 1st defendant from violating in any way the negative covenant (clause 2) or any other provisions of the Agreement dated 24.11.2007, particularly by entering into or attempting to enter into or, after entering into, by performing or assisting in the performance of, any agreement with any person inconsistent with the terms of the Agreement dated 24.11.2007;

(b) A permanent injunction restraining the second Defendant, its agents, officer, servants, and representatives, franchises and all others in any capacity acting for or on its behalf from manufacturing selling distributing or in any other way infringing the plaintiff company’s exclusive right under the Copyright Act to deal in an