J U D G M E N T

The present suit was filed by the plaintiff with a grievance that the copy right of the plaintiff is infringed by the defendant and consequently, various reliefs were sought for against the defendant.

2. During the pendency of this suit, the parties were able to reach a compromise and they have entered into a compromise agreement dated 12.01.2022. The compromise agreement entered into between the parties has also been filed before this Court by the learned counsel for the defendant. The relevant portions in the compromise agreement are extracted hereunder:-

4. Pursuant to negotiations between the Parties, the Parties have now agreed to amicably pay and settle the said matter only subject to Studio Green undertaking and adhering to the following terms and conditions:

a. In consideration of the promises, conditions, covenants and warranties herein contained, and subject to complete receipt of the payment by India Stories from Studio Green of an amount of Rs. 1,10,00,000/- (Rupees One Crore Ten Lac only) plus GST ("Settlement Amount") in the account as designated by India Stories, India Stories hereby agrees and grants to Studio Green a limited, non-exclusive, conditional, non-transferable, non-sub- licensable License to produce and exploit only 1 (One) cinematographic Film based on the Korean Film in Tamil language only, titled as "Theal" starring Prabhu deva, Samyuktha Hedge and others directed by Harikumar, the term of the said license will be in perpetuity throughout the World Territory, subject to the terms of this Agreement ("Film"). It is clarified that the Studio Green shall pay the Settlement Amount simultaneous to the execution of this Agreement and further Studio Green acknowledges that it shall not be entitled to exercise the rights licensed under this Agreement until the complete receipt by India Stories of the Settlement Amount. On receipt of the entire Settlement amount by Indian Stories, Studio Green shall release the Film on 14th January 2022. It is clarified that Studio Green shall be copyright holder of the Tamil Film titled "Theal" and other rights more fully described in Schedule of this Agreement shall be owned by Studio Green alone exclusively in perpetuity throughout the World Territory, subject to the terms of this Agreement, specifically Clause 4 and 5.

b. Subject to the strict compliance of this Agreement by Studio Green, Studio Green shall be solely entitled to collect and retain all the revenues to be generated from the exploitation of Film, as permitted hereunder and Studio Green undertakes and agrees that any exploitation agreements executed or to be executed by Studio Green in respect of the Film, shall at all times comply to the terms of this Agreement. Studio Green shall be entitled to release the Film in Tamil language along with specific restrictions as follows (i) the Film can only be dubbed in Hindi and all Indian languages, specifically excluding Telugu, Malayalam, Kannada and all Foreign languages; and (ii) sub-titling of the Film shall be permitted for all Indian and Foreign languages, specifically excluding Telugu, Malayalam, Kannada, Chinese, Taiwanese, Korean, Malay, Japanese, Mandarin and Khmer languages. Further, Studio Green shall not be entitled to undertake any publicity or marketing of the Film, until actual and complete receipt by India Stories of the entire Settlement Amount.

c. Studio Green shall not have the right to and shall not develop, produce and/or exploit in any manner on any mode, medium and/or format (whether known now or discovered/invented in future) any other adaptation, derivative or other work in any language based on any part or whole of the Film and/or any of its underlying works or elements. For clarity, Studio Green is permitted to release only one Film as per Clause 4 (a) and (b) above and is not permitted to produce and/or exploit any other adaptations or derivatives of the Film and/or any other adaptations of the Korean Film or any adaptation o