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2023 Supreme(Online)(Bom) 2019

HIGH COURT OF BOMBAY
R.I. CHAGLA, J
Trishul Media Entertainment – Appellant
Versus
Retrophiles Private Limited – Respondent


Advocates:
For the Appellants/Petitioners: Dr. Abinav Chandrachud, Mr. Pranit Kulkarni, Mr. Gandhar Raikar
For the Respondents: Mr. Hiren Kamod, Mr. Varun Nathani, Mr. Munaf Virjee, Mr. Rushabh Parekh, Mr. Akash Agarwal, Ms. Surekha Srinivasan, Mr. Rashmin Khandekar, Mr. Ameet Naik, Ms. Megha Chandra, Ms. Madhu Gadodia, Mr. Deepak Deshmukh, Mr. Suyog Mukherjee, Ms. Tarini Kulkarni

Table of Content
1. interim application filed for credit in film. (Para 1 , 2 , 5)
2. court's observations on maintainability and amendment. (Para 3 , 4 , 60 , 62)
3. arguments concerning contractual and moral rights. (Para 7 , 8 , 9 , 10 , 12)
4. legal principles on authorship rights under copyright act. (Para 14 , 15 , 67)
5. finalization of interim applications. (Para 70 , 71)
JUDGMENT :

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 of the credits which is taken on record and marked ‘X’ for identification. It appears from the snap shot that the Plaintiff has been given credit under character assets. Thus, the grievance insofar as th

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