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2021 Supreme(All) 531

J. J. MUNIR
Uday Prakash – Appellant
Versus
Anand Pandit – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Shantanu
For the Respondent: Ankur Tandon, Anubhav Shukla, Rahul Agarwal, Rahul Rathi, Ram Shiromani Shukla

JUDGMENT :

1. This is a plaintiff’s appeal from an order of Mr. Jitendra Kumar Sinha, the learned District Judge, Ghaziabad, rejecting his application for temporary injunction in a suit for infringement of copyright.

2. The suit was instituted, complaining infringement of a copyright owned by the plaintiff relating to a story-screenplay-dialogues for a feature film, registered with the Copyright Office at New Delhi under Registration No. L-28822/2007 dated 16.07.2007. The literary work aforesaid was registered under the name of ‘Highway-39’. The aforesaid literary work shall hereinafter be referred to as the ‘copyrighted work’. The suit, wherein the temporary injunction application was made, was instituted some time in the month of December, 2019 and registered on the file of the learned District Judge, Ghaziabad as Suit no.2 of 2019. The following reliefs have been claimed in the suit against the two defendants, who are the respondents here:

    “A. pass a decree of Perpetual/Permanent injunction:

i. by restraining the defendants, jointly and severally, by themselves or acting through any agent or any other such person from infringing the registered copyright of the plaintiff in respect o

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