SHEMAROO ENTERTAINMENT LTD. Vs. AMIT SHARMA AND ORS.

JUDGEMENT

(1.) THE plaintiff has filed a suit for permanent injunction restraining the defendants from using the catch words of the song "Thodi Si Jo Pee Li Hai" (hereinafter referred to as the "suit song") from the film "Namak Halal" (hereinafter referred to as the "feature film") in their film "Department" (hereinafter referred to as the "suit film") without deleting the portion of the song and also from exploiting the audio rights of the suit film containing the above portion, by way of DVD's, MP3, CD's etc.

(2.) THE plaintiff is engaged in the business of acquiring rights and exploiting by diverse means cinematograph films and is also producer of cinematograph films.

(3.) VIDE agreement dated 17th September, 2007 the plaintiff acquired from Dimple Video Distributors negative rights of 5 films including the feature film and by virtue thereof, all copyright and intellectual property rights in the feature film vested in the plaintiff.