- 1 - 21.s.2121.05. skt IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 2121 OF 2005 M/s.Ultra Distributors Pvt. Ltd. ..Plaintiff -Versus- Mr.J.Kiran & Ors. ..Defendants .......... Mr.Rajiv Singh i/b Suryanarayan Panda for the Plaintiff. None for the Defendants. .......... CORAM : S.J. VAZIFDAR, J. DATE : 16TH SEPTEMBER 2011. P.C. 1 The suit is filed for a declaration that the plaintiff is the exclusive copyright holder in respect of four films and that the defendants have no right, title or interest in respect thereof with respect to the rights assigned in favour of the plaintiff by an agreement dated 20th December 2004 and for a permanent injunction restraining the defendants from interfering with their copyrights in the said films. 2 Defendant nos.3 and 4 are the producers of the film. They assigned the copyrights of the film to defendant no.5, who, in turn, assigned the same to defendant no.6. Thereafter, the plaintiff and defendant no.6 - 2 - 21.s.2121.05. entered into an agreement dated 20th December 2004, under which, defendant no.6 assigned the world negative rights of the said films for distribution, exhibition and exploitation of all dimension and sizes etc. and television rights, video rights, commercial rights. etc for the said films up to the year 2031 for a consideration of Rs.20 lakhs. Defendant no.6 issued four certificates dated 18th August 2004 confirmed the assignment of the copyrights by them in favour of the plaintiff. 3 The plaintiff received a letter dated 19th January 2005 from defendant no.6 that defendant no.1 had filed a suit in the Madras High Court against defendant Nos.4, 5 and 6 claiming rights in the suit film. However, the plaintiff was not impleaded in the suit. I am informed that the suit is still pending. 4 The defendants have remained absent throughout despite the interim orders dated 2nd April 2007 passed against them. They are absent today though served. There is no written statement. There is nothing on record that militates against the plaintiff’s claim. I see no reason to disbelieve any of the averments and submissions in the plaint. In that event, the plaintiff establishes that it is the assignee of the copyrights in respect of the said films. - 3 - 21.s.2121.05. 5 The suit is, therefore, decreed in terms of prayers (a), (b) and (c). Costs to be quantified as per rules. Refund of court fees, if any, as per rules. -