- (1.) By this application the plaintiff has prayed for the following reliefs :- 'a) Injunction restraining the defendants and each of them whether by their servants or agents or assigns or otherwise howsoever from manufacturing or marketing or selling any cassette relating to the inlay card being Annexure 'A" hereto or containing any work which is similar and /or identical to the petitioner's work entitled 'Tanche Jakhan" and 'Tomar Chhoante" in any colourable imitation thereof in any manner whatsoever; b) Injunction restraining the defendants and each of them whether by themselves or by their servants or agents or assigns or otherwise howsoever from infringing the petitioner's copyright in the numbers originally entitled 'Tanche Jakhan" and Tomar Chhoante" in any manner whatsoever; (c) An order directing the defendants to deliver up all cassettes, inlay cards, labels,cartoons, packing and publicity material relating to the defendants' 'Swapno Bikri Aache" cassette and the inlay card being Annexure 'A" hereto and destruction upon oath of the defendants that the defendants do not have their in control any of the aforesaid infringing materials; d) Injunction restraining the defendants and each of them whether by themselves or by their servants or agents or assigns or otherwise howsoever from marketing or distributing the cassettes entitled 'Swapno Bikri Aache" in any manner whatsoever; e) A Receiver be appointed overall the cassettes, inlay cards, labels, carton packing and publicity material relating to the defendants' 'Swapno Bikri Aache" cassettes and the inlay card Annexure 'A" hereto with a direction upon the Receiver to forthwith take physical possession thereof; f) Ad-interim orders in terms of prayers above; g) Costs of and incidental to this application be paid by the defendants; h) Such further or other order or orders be passed and/or direction or directions be given as to this Hon'ble Court may deem fit and proper."
(2.) The plaintiff filed the present suit thereby praying for the following reliefs : 'a) Declaration that the defendants are not entitled to exploit the copyright in the lyrics, music or literary and dramatic works contained in the songs originally entitled 'Tanche Jakhan' and 'Tomar chhonate' and now purported to be entitled as 'Door Bohu Doore' and 'Ke Ki Bhabe Nabhabe Janina' respectively in any manner whatsoever; b) Permanent injunction restraining the defendants and each of them, whether by themselves or by their servants or agents or assigns or otherwise howsoever from infringing the plaintiff's copyright in the numbers originally entitled 'Tanche Jakhan' and 'Tomar Chhonate' in any manner whatsoever; c) Premanent injunction restraining the defendants and each of them whether by themselves or by their servants or agents or assigns or otherwise howsoever from manufacturing or marketing or selling any cassette relating to the inlay card being Annexure 'A" hereto or containing any work which is similar and/or identical to the plaintiff's works entitled 'Tanche Jakhan' and 'Tomar chhonate' or any colourable imitation thereof in any manner whatsoever; d) Decree for delivery up of all cassettes, inlay cards, labels, cartoons, packing and publicity material relating to the defendants' 'Swapna Bikri Aache' cassette and the Inlay care being Annexure 'A" hereto and destruction of the same upon oath of the defendants that the defendants do not have in their possession or control any of the aforesaid infringing material; e) Receiver; f) Interlocutory injunction; g) Costs; h) Such further or other reliefs."
(3.) The case made out by the plaintiff is as follows :- a) the defendant No.1 is a singer of Bengali Songs. The defendant No.2 is engaged in the business of manufacture and sale of cassettes, compact discs and other sound recording systems. The defendant No.3 is a song lyricist and music composer and defendant No.4 is a relative of the defendant No.3 and claimed to be a lyricist. The defendant No.5 is also a lyricist and music composer. b) In the year 1999 the plaintiff commissioned defendant Nos. 3 and 5 to compose Bengali non-film lyrics and music proposed to be sung by defendant No. 1 and proposed to release those by way of cassettes and other sound recording systems. Pursuant to the request of the plaintiff and on payment of consideration by the plaintiff, defendant No.3 wrote lyrics and composed the music in respct of a Bengali non-film song subsequently entitled 'Tanche Jakhan'. similarly, on such consideration paid by plaintiff, defendant No.5 wrote lyrics and composed the music in respect of another Bengali non-film song 'Tomar Chhoante' which was also sung by defendant No.1. c) The recording of the aforesaid two songs together with others was conducted at the Presto Digital Audio Recording Centre. At the time of such recording, a master tape thereof owned by the plaintiff was prepared and was retained by the plaintiff. d) Subsequently, the plaintiff has come to know that defendant Nos. 1 and 2 had released a music cassette containing eight songs sung by the defendant No.1 and after going through the said cassette it was found that the defendants had infringed the petitioner's copyright in lyrics, music and literary and dramatice works relating to two of the songs entitled 'Tanche Jakhan' and 'Tomar Chhoante' by making marginal and/or cosmetic changes to the lyrics thereto in a fraudulent attempt to pass off the said two songs as different numbers by purporting to alter the titles of the said two numbers. e) According to the plaintiff, it is the first owner of the copyright in respect of lyrics, music, literary and dramatic work relating to the aforesaid two songs and in the addition is also the owner of sound recording thereof.;