IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.PADMANABHAN NAIR WEDNESDAY, THE 6TH FEBRUARY 2008 / 17TH MAGHA 1929 FAO.No. 39 of 2008() -------------------- AGAINST THE ORDER DATED 05/02/2008 IN IA.175/2008 IN OS(CRA) NO.1/2008 of DISTRICT COURT, KOTTAYAM .................... APPELLANTS - RESPONDENTS & DEFENDANTS: : -------------------------------------------------------------- 1. RASIKA ENTERTAINMENTS, REPRESENTED BY ITS PROPRIETOR N.B. VINDYAN, NO.23, AMBADI RETREAT, CHILAVANNOOR ROAD, KADAVANTHARA, COCHIN - 682 020. 2. R. SHYAMAPRASAD, FILM DIRECTOR, 9-D, WINDOR MANSION, KURAVANKONAM, TRIVANDRUM - 695 003. BY ADV. SRI.K.P.DANDAPANI (SR.) SRI.MILLU DANDAPANI RESPONDENTS - PETITIONER - PLAINTIFF RESPONDENT - DEFENDANT: -------------------------------------------------------- 1. K.R. MEERA, AGED 38 YEARS, W/O. M.S.DILEEP, KILOKOODU, CHELLIYOZHUKKA, KOTTAYAM.' 2. D.C. BOOKS, D.C. KIZHAKKEMURI EDAM, GOOD SHEPHERD STREET, KOTTAYAM, 686 001, REPRESENTED BY ITS CEO, DC RAVI. BY ADVOCATE SHRI BLAZE K.JOSE R1 THIS FIRST APPEAL FROM ORDERS HAVING BEEN FINALLY HEARD ON 6.2.2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. PADMANABHAN NAIR, J. = = = = = = = = = = = = = = = = = = = F.A.O. NO.39 OF 2008 = = = = = = = = = = = = = = = = = = = Dated this the 6th day of February, 2008 J U D G M E N T -------------------- Heard. Admitted. Advocate Shri Blaze K.Jose takes notice for the first respondent. Notice to the second respondent dispensed with. Appeal itself is heard and disposed of. 2. Defendants 1 and 2 in O.S (CRA) No.1 of 2008 on the file of the District Court, Kottayam, have filed this appeal challenging the ex parte order of injunction passed by that Court restraining the appellants from publishing, alienating the script, screenplay and dialogue of the Malayalam Movie 'Ore Kadal'. 3. First respondent-plaintiff filed the suit alleging that she is the author of the script of a story 'Ore Kadal' which was already released as a film. It was averred that the second appellant, who is a Director of films, approached first respondent and requested her to write the script, screenplay and dialogue for his new Malayalam movie by name 'Ore Kadal'. It was averred that the first respondent agreed to do F.A.O. NO.39 OF 2008 -: 2 :- the same and she was offered Rs.2,00,000/- as copy right fee. It was further averred that the first respondent completed the script and handed over the same to the second appellant. It was averred that when the film was released, first respondent's name was shown only as 'Associate in writing', and that too at the end of the movie and the second appellant claimed the credit and authorship of the script written by the first respondent. It was further averred that on 1.2.2008 she saw a notice to the effect that the second appellant had written a Book on the script, screenplay and dialogue of the movie 'Ore Kadal'. It was averred that the Book is scheduled to be released at 6.00 p.m. on 7.2.2008 at the 4th DC International Book Fair at Maraine Drive, Ernakulam, organised by the second respondent from 1.2.2008 to 11.2.2008. According to the first respondent she has got absolute authorship right and copy right over the script and the appellants and second respondent are to be restrained by an order injunction from reproducing, publishing the script, screenplay and dialogue of the Malayalam movie 'Ore Kadal'. 4. Along with the suit the first respondent filed I.A. F.A.O. NO.39 OF 2008 -: 3 :- No.175 of 2008 under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure for an order of temporary injunction. The learned District Judge passed an ex parte order of injunction on 5.2.2008 restraining the appellants and second respondent from publishing, alienating the script, screenplay and dialogue of the Malayalam Movie “Ore Kadal” written by the first respondent or reproducing the same in any form other than in the name of the first respondent as its writer till 25.2.2008. Challenging that ex parte order, this appeal is filed. 5. The case put forward by the appellants is that the story of Malayalam Movie 'Ore Kadal' was taken from a Bengali Novel “Heerak Deepthi” written by Shri Sunil Gangopadhyay, a well known Bengali writer. The second appellant purchased the right to make a film from Shri Sunil Gangopadhyay on 23.1.2007. The further case of the appellants is that the second appellant himself had written the script and he approached the first respondent for corrections, modifications and polishing the script which is known in the International Film Circle as 'Script Doctrine'. According to the appellants the first respondent does not have any authorship right or F.A.O. NO.39 OF 2008 -: 4 :- copy right over it. 6. I have heard the counsel on either side. This appeal is filed against an ex parte order of injunction. The appellants have not appeared before the trial court and filed their objection. So it is not possible to finally decide the injunction application. The proper course open to the appellants is to appear before the trial court and file application under Order XXXIX Rule 4 CPC to discharge or vary or set aside the ex parte order of injunction. But considering the fact that the Book is scheduled to be released on 7.2.2008, I am of the view that an interim arrangement is to be made. It is admitted by both sides that the screenplay of the move is to be published in the form of a Book on 7.2.2008. Arrangements were already made and it is to be released in the 4th DC International Book Fair at Marine Drive, Ernakulam. In view of the fact that the entire arrangements for publishing the Book have already been made, I am of the view that it is only just and proper to allow the appellants to release the Book. At the same time sufficient safeguards are to be made to protect the interest of the first respondent-plaintiff also. The appellants F.A.O. NO.39 OF 2008 -: 5 :- can be allowed to release the Book subject to the condition that the name of the first respondent, “K.R. Meera, Associate in Script, Ore Kadal”, shall also be printed in a separate piece of paper and pasted in the page wherein the name of “Shymaprasad” “Ore kadal” and the name of the Publisher “DC Books” are printed. In the result, the FAO is allowed in the following manner: The order of ex parte injunction passed by the District Court in I.A. No.175 of 2008 is modified. The appellants and second respondent are allowed to release the Book at 6.00 p.m. on 7.2.2008 after pasting a slip of paper containing the name of the first respondent-plaintiff as stated above. I also make it clear that the Books already printed can also be sold after pasting a slip of paper containing the name of the first respondent-plaintiff as directed above. I further make it clear that it is only an interim arrangement and I am not considering the merits of the rival contentions raised by both sides. The appellants will have to approach the court below and file petition under XXXIX Rule 4 CPC for a final disposal of the injunction application. I also make it clear that this order F.A.O. NO.39 OF 2008 -: 6 :- is passed without prejudice to the contentions raised by both sides. The court below shall pass final orders in the injunction application untrammelled by any of the observations contained in this judgment. K. PADMANABHAN NAIR, JUDGE. vsv K. PADMANABHAN NAIR, J. ===================== M.F.A. ===================== J U D G M E N T ------------------------------------------- TH JANUARY, 2008