- 1 - 29.s.3266.05. skt IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 3266 OF 2005 M/s.Ultra Distributors Pvt. Ltd. ..Plaintiff -Versus- Mr.Jorden Electronics & Ors. ..Defendants .......... Mr.Rajiv Singh i/b Mr Suryanarayan Panda for the Plaintiff. Ms.June Goveia a/w. Mr.Dhawal Deshpande i/b Thakore Jariwala & Assoc. for Defendant Nos.1 & 2.. .......... 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 owner of the negative rights and all copyrights and other rights in respect of suit film under an agreement dated 17th August 2004 and for an order restraining the defendants from dealing with in any manner the suit film. Prayer (d) is not pressed. 2 Defendant no.5 is the producer of the film. Defendant no.5 assigned his rights in respect thereof to defendant no.6 by an agreement dated 14th August 1987. Defendant Nos.5 and 6 thereafter assigned their rights to defendant no.7 by an agreement dated 27th January 1988. Ultimately, - 2 - 29.s.3266.05. defendant no.7, by an agreement dated 8th October 1999 assigned/transferred all the rights to the plaintiff. By a further agreement dated 17th August 2004, defendant no.7 transferred all the other rights including the entire copyrights and negative rights in respect of the film in perpetuity to the plaintiff. The suit against defendant nos. 1 and 2 is not pressed. 3 The reliefs against defendant nos.5, 6 and 7 are not pressed, as they have not made any claim adverse to the plaintiff's rights. In other words, the grievance now remains only as against defendant nos.3 and 4. Defendant nos. 3 & 4 are absent though served. They have not filed a written statement. There is nothing on record that militates the plaintiff’s claim. I see no reason not to accept the averments and submissions in the plaint as correct. 4 In the circumstances, the suit is, therefore, decreed in terms of prayers (a), (b) and (f) against defendant nos.3 and 4. No orders against other defendants. Costs to be quantified as per rules. The suit is accordingly disposed of. Refund of court fees, if any, as per rules. -