Mani C. Kappan vs Five Star Film Pvt. Ltd.

Thottathil B. Radhakrishnan, J.—Heard learned counsel for the appellant and Adv.P.P.Thajudeen, who appears for the respondent. This appeal is by the plaintiff in a suit asserting copyright over a cinematographic film which was produced in 1993. Interlocutory application filed by the appellant seeking to restrain the respondent from further exhibiting or telecasting the Tamil version stands dismissed. Exhibit B1 relied on by the court below is not in dispute. The learned trial Judge has given a particular construction to the document when parties were at dispute as to what is meant by the term "outright, outside Kerala for all over India". The learned Judge has taken the dictionary meaning of the word "outright" and has taken the view that the plaintiff has sold his complete right over the film all over India except Kerala. That is the prima facie view which cannot be faulted as unavailable on facts and circumstances. There was no other material from the side of the plaintiff which could threw light on what is meant by them in Exhibit B1. Under such circumstances, we cannot but dismiss this appeal holding that there is no ground to interfere with the impugned order. However, we clarify that whatever stated in the impugned order will not impair the final trial and the plaintiff in his liberty may seek further reliefs, if so advised. Subject to that, this appeal is dismissed.