HIGH COURT OF BOMBAY
HON'BLE JUSTICE SHRI ARIF S. DOCTOR
RADHAKRISHNA PRODUCTIONS PVT. LTD. – Appellant
Versus
IKKON FILMS PVT. LTD. AND 3 ORS. – Respondent
COMIP/98/2012
2026:BHC-OS:373 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION COMMERCIAL IP SUIT NO. 98 OF 2012 Radhakrishna Productions Pvt. Ltd. …Plaintiff Versus Ikkon Films Pvt. Ltd. & Ors. …Defendants _______
Mr. Bhupesh Dhumatkar a/w Mr. Simon Mascarenhas i/b Mulla & Mulla and Craigie Blunt & Caroe, for the Plaintiff.
None for the Defendants.
_______
CORAM : ARIF S. DOCTOR, J.
RESERVED ON : 18th DECEMBER 2025 PRONOUNCED ON : 5th JANUARY 2026 JUDGMENT:
1. The Plaintiff has filed the captioned Suit, inter alia, seeking the following reliefs:
“a. That this Hon'ble court be pleased to declare that the Copyright Assignment Exhibit B hereto, is valid and subsisting and that the Plaintiff is the owner of all the Rights in the Film, 'Will You Marry Me';
a(i). That this Hon'ble Court be pleased to declare that the Film Finance Agreement (being Exhibit "D-3" hereto) entered into between the 1st Defendant and the Plaintiff and the agreement between the 1st and 2nd Defendants and the Plaintiff as recorded in the letter dated 9th September 2010 (being Exhibit "Q" hereto) are valid, binding and subsisting Agreements.
b. that this Hon’ble Court be pleased to declare that Defendant No.1 has infringed the Plaintiff’s Rights in the Film and is in breach of the Copyright Assignment, Exhibit B hereto;
b.i. That this Hon'ble Court be pleased to declare that the said MOU, the Agreement dated
9th February 2012 and the Sixteen Agreements infringe the Rights of the Plaintiff, are violative of the Copyright Assignment, Exhibit B hereto and are invalid, illegal and non est;
b.ii. That this Hon'ble Court be pleased to direct Defendant No.3 and Defendant No. 5 to Defendant No.21 to deliver to this Hon'ble Court the said MOU, the Agreement dated
9th February 2012 and the Sixteen Agreements for cancellation.
c. That this Hon'ble Court be pleased to pass an order of permanent injunction restraining the Defendants either by themselves or through their representatives and/or agents and/or servants and or assigns and/or any person claiming through them from in any manner, transferring, alienating, disposing, or creating any third party rights of whatsoever nature or releasing the film. 'WILL YOU MARRY ME':
c(i) That this Hon'ble Court be pleased to pass an order of permanent injunction restraining the Defendants either by themselves or through their representatives and or agents and or servants and or assigns and or any other person claiming through them from in any manner, transferring, alienating, disposing, or creating third party rights whatsoever nature or releasing the said Film "Joker" and from creating any telecast rights for the film "Will You Marry Me.
d. That in the alternative to prayer (c):-
(i) this Hon'ble Court be pleased to declare that the Plaintiff is entitled to a charge on the all revenues in connection with the movie 'WILL YOU MARRY ME', whether generated by way of sale proceeds/ distribution monies/ticket sales/ telecast rights etc. and costs of the Suit and necessary directions be passed against the Defendants for maintaining complete accounts in respect of the same;
(ii) That this Hon'ble Court be pleased to pass an order and decree for enforcement of the charge;
d(i) that in the alternative to prayer c(i), this Hon'ble Court be pleased to declare that the Plaintiff is entitled to a charge on the revenues in connection with the film "Joker" and the film "Will You Marry Me” whether generated by way of sale proceeds /distribution monies / ticket sales / telecast rights etc. and costs of the suit and necessary directions be passed against the 1st, 2nd and 3rd Defendants for maintaining complete accounts in respect of the same;
e. That in the alternative to prayers (c) and (d), this Hon'ble Court be pleased to order, direct and decree Defendant No.1 to pay to the Plaintiff, a sum of Rs 5,41,51,705/- comprising Rs.3,85,17,829/- towards refund of the Monies Paid and Rs. 1,56,33,876/- towards interest thereon at
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