Chatrapathy Shanmugham v. S. Rangarajan & Ors
[2011 SCC OnLine Mad 1633]
Coram: Division Bench comprising of Hon’ble Justice R. Banumathi and Hon’ble Justice V. Periya Karuppiah
Forum: Hon’ble Madras High Court
Case No.: O.S.A. No. 114 of 2004.
Date of Decision: September 28, 2011.

Facts:

  • The play ‘Naai Vaal’ was created by Chatrapathy Shanmugham (Plaintiff), who owned its copyright.
  • The play’s script was approved by the Commissioner of Police, Madras, on 4.1.1984.It was staged at ‘Swami Sankaradas Kalai Arangam’, Madras, on 8.3.1984, by Vetrivel Kalaikulu.
  • Plaintiff asserted full copyright ownership of the story and script. S. Rangarajan (Defendant No. 1) produced a Tamil film named ‘Ore Oru Gramathile’, directed by the 3rd Defendant.The 2nd Defendant claimed to have written the film’s story.
  • The film’s story closely resembled Plaintiff’s play ‘Naai Vaal’.
  • The Plaintiff's notice dated 1.10.1990, requesting earnings from the film, was ignored by the Defendants. Subsequently, the Plaintiff filed a lawsuit seeking a permanent injunction to prevent the exhibition of the film.

Background/ Procedural Posture:

The Learned single judge granted the decree in favor of the Plaintiff concerning the declaration of copyright ownership of "Naai Vaal", and a permanent injunction was granted against the Defendants, prohibiting them from interfering in any way with the Plaintiff's rights to exhibit the play "Naai Vaal" exclusively.

Aggrieved by the judgment of the Single Judge of the Court, the Plaintiff appealed the matter to the Division Bench of the Hon’ble Madras High Court. The appeal was filed under Order 36 Rule 1 of the Original side Rules against the judgment and decree dated 28.8.2003 in C.S. No. 161 of 1993.


Main Issue:

  1. Whether the plaintiff entitled to a permanent injunction preventing the defendants from infringing the copyright of the cinematograph film "Ore Oru Gramathile" by exhibiting or exploiting it in any manner?
  2. Whether the judgment and decree issued by the learned single Judge could be subject to interference?