GOKULAM CHIT AND FINANCE COMPANY P LTD Vs. M/S JOHNY SAGARIGA CINEMA SQUARE

JUDGEMENT

(1.) PENDING suit for a declaration that the plaintiff is the absolute owner of the copyrights in the Malayalam Cinematographic Film "Body Guard", under an Agreement dated 22.1.2010 and for consequential reliefs of permanent injunction as well as for recovery of a sum of Rs.1,88,58,187/-, the plaintiff has come up with 3 applications, in O.A. Nos.1225, 1226 and 1227 of 2010, praying inter alia for (i) an interim injunction restraining the defendants 2 and 3 from in any way dealing with the negative and positive prints of the remake Tamil version of the aforesaid Malayalam feature film titled "Kavalan" from the fourth defendant (ii) an interim injunction restraining the fourth defendant from in any way parting with the negative and positive prints of the aforesaid film to defendants 2 and 3 and (iii) an interim injunction restraining the defendants 2 and 3 from in any way releasing or causing to release for exhibition, the Tamil film "Kavalan".

(2.) I have heard Mr.T.V.Ramanujun, learned Senior Counsel for the plaintiff, Ms.P.Meghana Nair, learned counsel for the first defendant, Mr.P.S.Raman, learned Senior Counsel for the second defendant, Mr.V.Raghavachari, learned counsel for the third defendant and Mr.R.Sargunaraj, learned counsel for the fourth defendant.

(3.) THE first defendant has filed a common counter affidavit to the applications for injunction. He has stated therein that he produced the Malayalam feature film titled "Body Guard" by engaging the services of the first defendant on a remuneration of Rs.40 lakhs; that the only Agreement entered into between the first and second defendants was a project report dated 4.12.2008, filed with the Kerala Film Producers' Association; that the production commenced on 12.12.2008 and was completed after more than 120 days with an exposure of more than 1 lakh feet of film, as against the Agreement to complete it in 45 days with an exposure of 50,000 feet of film; that due to the delay in the completion of the film and the negligence on the part of the second defendant, a huge financial burden fell upon the first defendant, in spite of which, the second defendant not only collected his entire remuneration of Rs.40 lakhs, but also collected an additional remuneration of Rs.10 lakhs; that therefore the first defendant was forced to borrow Rs.3,90,00,000/- from the plaintiff under an Agreement dated 22.1.2010; that in lieu of the loan, the first defendant assigned the remaking and dubbing rights of the film in all other Indian languages, to the plaintiff, as a security; that it is only after this that the first defendant was able to release the film on 23.1.2010, but the film did not achieve the desired success at the box office; that the second defendant thereafter agreed to help the first defendant and also issued 3 cheques for a total amount of Rs.50 lakhs, on 4.3.2010 after taking the signatures of the first defendant on blank signed non-judicial stamp papers and blank signed letter heads; that those cheques bounced and returned on 5.3.2010; that thereafter, the second defendant merely remitted Rs.1,50,000/- into the bank account of the first defendant on 13.3.2010, but did not return the blank signed non-judicial stamp papers and blank signed letter heads; that due to the failure of the Malayalam film at the box office, the first defendant was not able to repay the loan to the plaintiff; that when the first defendant started looking for parties interested in buying the remaining rights of the film, he came to know from the Tamil Film Industry that the Malayalam film was being remade into Tamil, on the basis of the sale of the rights by the second defendant to the third defendant; that when the first defendant confronted the second defendant, he produced a copy of an alleged letter dated 12.3.2010 written by the first defendant, giving the entire rights for the remake of the film to the second defendant; that the said letter is a forged and fabricated document; that therefore the first defendant filed a criminal complaint and the same was registered in Crime No.370 of 2010, in pursuance of a direction issued by the XI Metropolitan Magistrate, Saidapet; that the first defendant thereafter filed a suit for bare injunction in O.S.No.729 of 2010 on the file of the District Munsif Court, Ernakulam and obtained an interim order of injunction, on the basis of forged documents viz., an Agreement dated 23.6.2009 and the letter of undertaking dated 12.3.2010; that the order of the District Munsif Court, granting an injunction in favour of the second defendant is under challenge by the first defendant in CMA No.92 of 2010 on the file of the District Court, Ernakulam; that once the dues of the plaintiff are settled, the copyrights in the film, including the rights for its remake would revert to the first defendant; that since defendants 2, 3 and 6 are not possessed of sufficient means, the copyrights of the film that the first defendant holds will get defeated if the film is released; that the monetary value of the copyright that the first defendant has over the Tamil remake of the film is estimated at Rs.5 crores; and that therefore, the rights of the first defendant are to be safeguarded.