1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORIDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 636 OF 2009 IN SUIT NO. 369 OF 2009 Yasmini Lalani ........Plaintiff versus M/s. Maruti Films & ors........Defendants. Mr. J.P. Singh adv. for the Plaintiff Ms. Seema Gupta i/b. A.M. Sarogi adv. for Defendant no.1. Ms. K.A. Shah i/b. A.G. Shah adv. for defendant no.2. CORAM: A. P. DESHPANDE, J. DATED : 15th APRIL, 2009. P.C.: 1. The Plaintiff is carrying on business and is dealing in acquiring video copy rights and cable TV Rights. The defendant no. 1 is the producer/right holder of a cinematograph film titled as “Goonda” (colour). The plaintiff claims to have acquired the video copy rights in all formats and cable TV rights in respect of the suit film namely “Goonda” under an agreement dated 31-8-1998 executed by defendant no.1 in favour of the paintiff for valuable consideration. The lease period is of 11 years. The period of lease is to expire on 31-8-2009. Prior to the expiry of the lease period, it is the case of the plaintiff, that the defendant no.2 advertised and marketed the video CD. On coming to know the infringement of the plaintiff's rights under this agreement, the 2 plaintiff issued a notice to the defendants calling upon them not to market the video CD of the said film with a further request to withdraw the CDs from the market was made. None of the defendants replied to the said notice and hence the plaintiff was constrained to file the present suit. After notice, the defendants have put in their appearance through advocates. The defendant no.1 has not filed any reply to the notice of motion whereas the defendant no.2 filed a reply and has contended that the second defendant was not aware of the agreement entered into by the defendant no.1 with the plaintiff dated 31-8-1998 and the same being for a period of 11 years. Without prejudice to the rights and contentions the second defendant has categorically stated that: “ I say that I shall not creat, assign, or deal with commercial, none-commercial, none-theatrical, duping video copy right, video cassettes, all electrobnic, digital, computer formats including laser disc, C.D. disc/Rom DVD, Video CD, CCTV (cable TV) and any other format which may be introduced during this period of contract for the territory all over India, including Sikkim, Nepal and Bhutan in respect of the suit film Goonda till 31-8-2009”. The learned counsel for the defendant no.2 submits that in view of the categorical statement made by the defendant no.2, which is extracted hereinabove, no orders need to be passed on the notice of motion. However the learned counsel for the plaintiff in addition to the statement made by defendant no.2 seeks an order of temporary mandatory injunction 3 against defendant no.2 to withdraw the video casette from the market. In view of the statement made in the affidavit in reply filed by defendant no.2, I deem it appropriate to dispose of the notice of motion by accepting the statement made by defendant no.2, which is extracted hereinabove, and by further directing the defendant no.2 to withdraw the video casettes of film `Goonda' from the market within a period of one month from today. Notice of motion is disposed of. (A. P. DESHPANDE, J.)