Yasmin Lalani v. Vcimal Production

11 APP 551 OF 2009.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.551 OF 2009 IN NOTICE OF MOTION NO.4419 OF 2008 IN SUIT NO.3243 OF 2008 Yasmin Lalani ...

Appellant versus Vimal Production & Ors.

...

Respondents Mr. Rupesh Lanjekar, for Appellant.

Mr. Fazal Lalani, husband of the appellant, present in person. CORAM: AKIL KURESHI & S.J. KATHAWALLA, JJ.

DATE:

17th OCTOBER, 2019 P.C.:

1.

This appeal is fled by the original plaintif. She has challenged the order dated 20 th July, 2009 passed by the learned Single Judge in Notice of Motion No.4419 of 2008 in Suit No.3243 of 2008. By the said order, the notice of motion was dismissed.

2.

The record would show that the plaintif had fled a suit against the defendant for a declaration that the plaintif was entitled to all the rights for execution of a feature flm called 'Sarech Sajjan'. Such agreement was said to have been executed on 10 th June, 1994. On the basis of such agreement, the plaintif had fled the notice of motion seeking interim relief restraining the defendant from creating third SSP 1/2

11 APP 551 OF 2009.doc party rights and from using and exploiting the rights of the flm. Such injunction was refused. Against the said order, the present appeal has been fled. 3.

Pending appeal, no relief was granted to the plaintif. We are informed by the counsel for the respondent that the flm was released way back in the year 1994. More than 25 years have passed till then. Leaving all the contentions of the appellantplaintif open, to be decided in a pending suit, we see absolutely no reason to grant injunction as prayed for at this stage. The appeal is therefore, dismissed. ( S.J.KATHAWALLA, J. ) ( AKIL KURESHI, J. ) SSP 2/2