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2021 Supreme(Mad) 1779

SANJIB BANERJEE, SENTHILKUMAR RAMAMOORTHY
Sony Music Entertainment India Pvt. Ltd. – Appellant
Versus
S. Khaja Mohideen Proprietor – Respondent


Advocates Appeared:
For the Appellant : M.V. Swaroop and P.S. Raman, Senior Counsel for Abishek Jenasenan
For the Respondents: K. Harishankar and Brindha for Durga V. Bhatti

JUDGMENT :

Sanjib Banerjee, C.J.

1. These two appeals arise out of a common final interlocutory order in two actions for infringement of copyright. In the earlier suit, C.S. No. 207 of 2019, instituted by S. Khaja Mohideen, the subject-matter pertains to the musical works in 17 cinematograph films. In the later suit, C.S. No. 596 of 2019, filed by R. Ayubkhan, the claim is on account of the music pertaining to a film by the name of "Citizen".

2. There is a lot of confusion which is created by the incomplete papers executed by the parties and the rather haphazard presentation thereof in the Court. Further, the usual cavalier practice in the film industry or the music trade is also evident from the possible duplication of documents, apparent creation of rights without reference to previous assignments and licence and the like. However, at the end of the day, for a plaintiff to obtain an interlocutory injunction, it must show a strong prima facie case and the balance of convenience being in favour of the orders sought.

3. It needs to be clarified at the outset that legal jargons like "prima facie case" and "balance of convenience" need not be expressly mentioned in any interlocutory judgm

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