Case Note & Summary
The appellant, M/s Ashwamedh Production, a registered partnership firm, filed an appeal against an order dated 13 May 2013 passed by the learned District Judge, Thane, rejecting its application for interim injunction. The appellant claimed that respondent No.1, Rajesh Shivram Kolambkar, had assigned the rights of a drama and its script titled 'Yeducation' for a consideration of Rs.25,000/-, which was paid by cheque dated 14.2.2012. An agreement was executed and notarised on 27.11.2012. The bone of contention was page-2 of the agreement and the clauses therein, as respondent No.1 denied appearing before any Notary for notarisation. However, it was not disputed that respondent No.1 had received consideration for 38 shows at Rs.500/- per show from time to time. No written objection was raised by respondent No.1 until a hand-written communication dated 29.3.2013, wherein he expressed intention to permit a new Director to use the script, claiming that the appellant had not staged the drama for 90 days. The learned District Judge held that there was no prima facie case, no balance of convenience in favour of the appellant, and that the respondent would suffer irreparable loss if relief was granted. The High Court, per Justice Anoop V. Mohta, observed that the conduct of the parties, including the acceptance of consideration and performance of 38 shows without objection, could not be overlooked at the prima facie stage. The court noted that the requirements of the Copyright Act, 1957 for assignment, the effect of notarisation and registration, and the lacuna in the agreement required evidence during trial. The court held that the appellant had made out a strong prima facie case, and the balance of convenience was in favour of granting injunction to protect the appellant's rights. The appeal was allowed, the impugned order was set aside, and the respondents were restrained from assigning the script to any third party until the disposal of the suit. The court clarified that the observations were prima facie and would not affect the trial.
Headnote
A) Copyright Law - Assignment of Copyright - Prima Facie Case - Copyright Act, 1957, Sections 18, 19 - Dispute regarding validity of assignment agreement for drama script 'Yeducation' - Appellant claimed assignment for Rs.25,000/- and conducted 38 shows; respondent denied execution of page-2 and notarization - Court held that conduct of parties (accepting consideration, no written objection) creates prima facie case in favour of appellant, and balance of convenience lies in granting injunction to protect appellant's rights pending trial (Paras 1-7).
Issue of Consideration
Whether the appellant-plaintiff is entitled to an interim injunction restraining the respondent-writer from assigning the script to third parties pending trial, given the disputed assignment agreement and the conduct of the parties.
Final Decision
Appeal allowed. Impugned order dated 13 May 2013 set aside. Respondents restrained from assigning the script 'Yeducation' to any third party until disposal of the suit. Observations are prima facie and will not affect trial.
Law Points
- Copyright assignment
- prima facie case
- balance of convenience
- irreparable loss
- conduct of parties
- notarization
- registration
- Copyright Act 1957
