YASHRAJ FILMS PVT. LTD Vs. JAINEX PARIWAHAN PVT. LTD.
HIGH COURT OF GAUHATI (AT: GAUHATI)
Yashraj Films Pvt. Ltd
Jainex Pariwahan Pvt. Ltd.
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PRASANTA KUMAR DEKA,J. -
(1.) Heard Mr. K. N. Choudhury, the learned senior counsel assisted by Mr. A.Dhar, the learned counsel appearing on behalf of the petitioners. Also heard Mr. S. P. Roy, the learned counsel appearing on behalf of the respondents.
(2.) In this revision application, order dated 10.01.2017 passed in Misc (J) Case No.404/2014, arising out of Title Suit No.360/2014, pending in the Court of the learned Civil Judge No.1, Kamrup (M), Guwahati is put under challenge. Present petitioners are defendants in the said suit preferred by the respondents as plaintiffs. The suit is for declaration, injunction and damages. Plaintiffs/respondents are aggrieved by the action of defendants/petitioners for their production/publication and screening the unlawful usages of the trailer truck bearing registration No.NL/01D-4300 and the trade name "Jainex" repeatedly in an unauthorized, unlawful, illegal and arbitrary manner in its film, "Mardaani". The said action of defendants/petitioners are damaging thereby tarnishing the goodwill and reputation of plaintiffs/respondents so associated with the property and the name "Jainex". The defendant/petitioner No.1, M/S Yashraj Films Private Limited is a company having its corporate office at Mumbai and the rest of the defendant/petitioner Nos.2 and 3 are the agents and directors of the said company. Along with the suit an application under Order 39, Rules 1 and 2 of the Code of Civil Procedure, 1908 (CPC) registered as Misc (J) Case No.404/2014 was also filed thereby praying for temporary injunction restraining defendants/petitioners from telecasting the said film "Mardaani" or part thereof in the form of trailer or otherwise specifically on 29.11.2014 at Sony Entertainment Television or otherwise pending final disposal of the injunction application.
(3.) The present defendants/petitioners filed the joint written statement on 24.02.2015 through their engaged counsel at Guwahati. Along with said written statement a joint written objection was also filed in the said Misc (J) Case No.404/2014. Both in the written statement and written objection one Ashish Singh, a resident of Mumbai sworn and signed the respective affidavits on 17.01.2015 at Mumbai and the same was notarized before the Notary at Mumbai.;
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