Aditya Music (India) Pvt.Ltd. v. M/S.Bharani Pictures Pvt Limited And 2 Others

in C.S.(Comm. Div.).No.388 of 2019 M.SUNDAR, J., In this order, the parties are referred to by their respective ranks in the main suit for the sake of convenience and clarity. 2.Considering the scope of the captioned application, suffice to say that the captioned main suit pertains to claim of copyright qua 13 Telugu Cinematographic Films adumbrated in the schedule to the plaint in which a particular artiste (Dr.Bhanumathi Ramakrishna, hereinafter 'said artiste' for convenience) features.

3.The Plaintiff is a private limited company incorporated in India and so is the first defendant. Mr.V.Praveen Kumar, learned counsel representing Mr.PL.Narayanan, learned counsel on record for the plaintiff, Mr.Aditya Reddy, learned counsel on record for the first defendant and Ms.T.E.Krishna, learned counsel on record for the second Page Nos.1/4

defendant are before this Court. To be noted, the third defendant has already been set exparte by another Hon'ble Single Judge in and by proceedings dated 30.09.2019.

4.Captioned application has been taken out by the first defendant inter alia under Order XI Rule 1(10) of the Code of Civil Procedure, 1908 [CPC] with a prayer to receive two additional documents. To be noted, along with the written statement of the first defendant dated 19.08.2019 three documents have been filed.

5.The above is a simple application which arises in the course of trial and therefore, elaborate pleadings in the nature of counter affidavit will be counter productive and this is more so, owing to the nature of the suit and the trajectory the same is taking.

6.Any document received along with/post pleadings is subject to proof and relevance. If the plaintiff has any objection to the marking of the two documents which are sought to be received, it is open to the Page Nos.2/4

plaintiff to raise the same before the learned Additional Master-II who shall record the objections for being considered by this Commercial Division at the time of hearing the main suit i.e., final hearing of the main suit. All contentions and questions as between the parties are left open in this regard.

7.The captioned application is ordered as prayed for subject to the usual rider that the two documents sought to be received are subject to proof and relevance. There shall be no order as to costs. 10.10.2022 pgp (2/3) Page Nos.3/4

M.SUNDAR, J., pgp in C.S.(Comm. Div.).No.388 of 2019 Dated : 10.10.2022 (2/3) Page Nos.4/4