MADDOCK FILMS PRIVATE LIMITED Vs. SHIBOPRASAD MUKHERJEE & ORS

JUDGEMENT

(1.) This appeal is directed against an ad interim order of injunction dated June 29, 2017 passed by the learned District Judge, South 24-Parganas, Alipore in connection with a petition filed under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure in Title Suit bearing No. 8 of 2017. By virtue of the order impugned, the defendant/appellant has been restrained from releasing the film "Hindi Medium" in any other format or electronic form including CDs, DVDs, Television/Internet or extraterrestrial rights till July 28, 2017. The date for service return and appearance of the above application for injunction is fixed on July 28, 2017.

(2.) According to the plaintiffs/respondents, the plaintiffs produced a Bengali Film "Ramdhanu" which was released in the year 2014. According to plaintiffs/respondents, the above film had a unique story line, strong characterization, plot and situation and had given a distinct identity. The above film was exhibited worldwide and the works were protected under national and international laws, treaties and conventions including the International Copyright Order, 1991, the Home Convention and Universal Copyright Convention.

(3.) According to the plaintiffs/respondents, the appellant was the producer of one Hindi cinema "Hindi Medium". It was alleged by the plaintiffs/respondents that the purported story line and screenplay of the said film were exactly similar to the story line of "Ramdhanu". It was further alleged by them that the film "Hindi Medium" was a massive adaptation and substantial re-production of the story line of "Ramdhanu" and in many cases the screenshots were also similar.