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HIGH COURT OF BOMBAY
R.I. CHAGLA, J
Trishul Media Entertainment – Appellant
Versus
Retrophiles Private Limited – Respondent
| Table of Content |
|---|
| 1. interim application details and initial pleadings. (Para 1 , 2) |
| 2. controversy over obligations and claims under the vfx agreement. (Para 7 , 8 , 9 , 10) |
| 3. representative capacities in legal actions. (Para 13 , 14) |
| 4. nature of authorship and moral rights under copyright. (Para 19 , 20) |
| 5. arguments against the premise of credit claims. (Para 25 , 26 , 27 , 28) |
| 6. criteria for representative suits under order 8, cpc. (Para 39 , 41) |
| 7. admissions and their implications in legal disputes. (Para 60 , 61 , 62) |
| 8. final order on interim applications. (Para 69 , 70) |
1. The Interim Application (L) No.15925 of 2023 was filed on 14th June, 2023 and had been moved before this Court on 15th June, 2023. By order dated 15th June, 2023, this Court had noted that the subject film “Adipurush” is being released in the theater on 16th June, 2023. Paragraph 3 of the said order is relevant to produce, which reads as under :
“Mr. Ashish Kamat, learned Senior Counsel appearing for the Defendant has raised preliminary issue of maintainability of the Suit. He states that the Applicant/Plaintiff has been given credit for character assets in the subject film and has tendered snap shot o
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