1 acd IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 1386 OF 2009 IN SUIT NO. 455 OF 2007 Narendra Hirawat . . ...Plaintiff Vs. Aftab Music Industries ....Defendant. ---- Mr. Ahmed Abdi i/b Abdi & Co.,for the Plaintiff. Mr. A.K. Prajapati, for the Defendant. Mr. Udaipuri i/b M/s Udaipuri & Co., for Prop. Pf Defendant No.2. ---- CORAM: S.J. VAZIFDAR, J. DATED :17TH SEPTEMBER 2009 P.C. 1. This is the Plaintiff’s Chamber Summons to implead the Respondent as a Defendant. 2. The suit is filed for a declaration that the deed of assignment dated 22.04.2004 in respect of the rights in nine films in favour of the Plaintiff by the Defendant is valid and subsisting and that the Plaintiff is the owner of the entire copyright in perpetuity for the entire work in respect of the said films. Consequential reliefs have also been sought. 3. The Plaintiff had taken out a Notice of Motion being Notice of Motion No. 637 of 2007 in which by an order dated 11.06.2007 the Defendant was restrained from directly or indirectly claiming any copyright in and/or dealing with any of the said films in any manner and from claiming 2 termination of the said deed of assignment dated 22.04.2004. 4. According to the Plaintiff the Respondent/proposed Defendant has claimed rights in respect of one of the said films. The Respondent claims rights in respect of the said film pursuant to an agreement dated 26.02.1998. That agreement was to expire on 25.02.2009. However, according to the Respondent this agreement dated 26.02.1998 was extended in perpetuity by a writing dated 02.01.2004. 5. The rights of the Plaintiff depend upon the validity of the alleged writing dated 02.01.2004. It is necessary and convenient to implead the Respondent in order to ensure that complete relief is granted if the Plaintiff is entitled to the same. This would avoid multiplicity of proceedings. 6. In the circumstances, the Chamber Summons is made absolute in terms of prayer (a). Amendments to be carried out within four weeks from today. This order is without prejudice to the pending interim orders. 7. Needless to add that the merits of the matter are kept open. Application for interim reliefs shall be made by a separate Notice of Motion. The Chamber Summons is accordingly disposed of.