1 nms-2136-s-1876-06 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION jmi NOTICE OF MOTION NO. 2136 OF 2006 IN SUIT NO. 1876 OF 2006. Gold Entertainment Private Limited. ..Plaintiffs. vs. M/s. Movie Tee Vee Enterprises & Ors. ..Defendants. .... Ms. Jyoti Ghag, i/b. M/s. Thakore Jariwala & Associates, for Plaintiffs. Ms. Kavita A. Shah, i/b. Mr. A.G. Shah, for Defendant No.1. .... CORAM : S.J. KATHAWALLA, J. DATE : 29TH NOVEMBER 2010. P.C. By this Suit, the Plaintiffs have sought a declaration that the Plaintiffs are solely and exclusively entitled to exploit the film “Border” by use of the video format and the Plaintiffs alone are entitled to make and/or manufacture videograms, cassettes, discs, tapes, VCDs, DVDs, etc. of the said film “Border” and to sell, distribute, let out or otherwise deal with the same. According to the Plaintiffs, they are entitled to exploit the said film “Border” in the manner above pursuant to an Agreement dated 31st May 2005 entered into by and between the Plaintiffs and the Producer of the film i.e. Defendant No.5. Under the said Agreement, the video rights assigned to the Plaintiffs would be in force upto 24th April 2011 and the cable rights upto 24th October 2011. 2. By an Agreement dated 24th April 1999, Defendant No.5 2 nms-2136-s-1876-06 had also entered into an Agreement with Defendant No.1 for a period of seven years whereunder the Defendant No.5 had assigned to Defendant No. 1 the video/cable rights upto 24th April 2006. Defendant No.1 in turn entered into an Agreement dated 18th August 1999 in favour of Defendant No.2 again for a period of seven years which Agreement has already come to an end on 18th August 2006. By an Agreement dated 3rd October 2000 between Defendant Nos.3 and 4, Defendant No.3 agreed to assign its rights to Defendant No.4. The said Agreement has also come to an end on 18th August 2006. 3. The Plaintiffs after filing of this Suit moved this Court for ad-interim reliefs on 28th July 2006 when except for Defendant No.1 none of the other Defendants appeared before this court. As recorded in the order, the Plaintiffs themselves contended before the Court on 28th July 2006 that although the Agreement between Defendant Nos. 1 and 4 comes to an end on 17th August 2006, it is necessary to protect the interests of the Plaintiffs in view of the demand for the film on the independence day. This Court after hearing the Plaintiffs and Defendant No.1 granted ad-interim relief in favour of the Plaintiffs in terms of prayer clause (a) of the Notice of Motion. 4. The learned Advocate appearing for Defendant No.1 states that Defendant No.1 has already set out in paragraph 17 of its Affidavit-in-reply dated 17th June 2009 that Defendant No.1 has not exploited the video rights qua the said film “Border” after 24th April 2006 and has no intentions to do so since their Agreement has already come to an end. 5. The Suit is filed by the Plaintiffs impugning the 3 nms-2136-s-1876-06 aforestated Agreements between the Defendants. All the said Agreements have come to an end in August 2006. Defendant No.2 is not served till date. A copy of the ad-interim order obtained on 28th July 2006 does not appear to have been served on Defendant Nos.3, 4 and 5. The learned Advocate for the Plaintiffs is unable to assist the Court in any manner. The learned Advocate for the Plaintiffs is also not in a position to inform the Court whether any of the Defendants have violated any of the rights of the Plaintiffs arising out of its Agreement dated 31st May 2005 after August 2006 i.e. after their respective Agreements have come to an end. In view thereof, no interim reliefs are required to be passed in the above Notice of Motion. However, the Plaintiffs shall be at liberty to file a fresh Notice of Motion, if they are able to point out that the Defendant Nos. 2, 3, 4 and 5 continue to violate the Plaintiffs’ rights including video/cable rights qua the film “Border” after 17th August 2006. 6. The Notice of Motion is therefore, disposed of in the above terms. [ S.J. KATHAWALLA, J. ]