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TMI Blog2017 (5) TMI 190X X X X Extracts X X X X X X X X Extracts X X X X ..... ails can be obtained from in-phone apps and services, and these are very hard to either obscure or disguise. There are email exchanges. There are message exchanges. None of these to my mind establishes that the Defendants are not adequately served. - The Defendants must now face the consequences. There is material prima facie to show that the Kannada film is a copy of the original Korean film. Paragraph 3.12 of the plaint has details. It quotes, inter alia, Vikhyat as admitting that he ‘adapted’ the screenplay of the Korean film for the Kannada film. There are fifteen separate instances of such admissions and corroborating material set out in that paragraph. Prima facie, Dr Saraf is correct in saying that the Kannada film is a colourable ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nformation. The WhatsApp status shown the name of the infringing Kannada film, Pushpaka Vimana. In subsequent messages exchanged, Vikhyat accepted that he was the producer of the Kannada film Pushpaka Vimana (paragraph 5 of the Affidavit). 2. Copies of the plaint, Notice of Motion and the order of 17th March 2017 were served on Defendant No.1, Vikhyat, and Defendant No. 5, Deepak Krishna, by WhatsApp. This was received. Vikhyat replied. He said I dint understand anything. Will check with my legal team and I ll text you back. I am out of station. 3. The Plaintiffs effected service by email at two addresses: [email protected] and [email protected]. 4. Then the Plaintiffs Advocates tried to contact Krishna, Defendant No. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was extremely difficult to even obtain their addresses. Their addresses were in fact obtained when the Plaintiffs contacted the CBFC in Bengaluru and obtained the addresses from that secretariat. The Defendants addresses were necessarily with that body since the Defendants obtained certification for their film from that office. The CBFC in fact informed the Plaintiffs that there is only one producer, and it furnished that address. The copy of the communication dated 21st March 2017 from the CBFC is at Exhibit A to this Affidavit and it lists Vikhyat s address. If Vikhyat and Krishna believe they can resort to these tactics to avoid service, they are wrong. They may succeed in avoiding a bailiff. They may be able to avoid a courier or a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re is material prima facie to show that the Kannada film is a copy of the original Korean film. Paragraph 3.12 of the plaint has details. It quotes, inter alia, Vikhyat as admitting that he adapted the screenplay of the Korean film for the Kannada film. There are fifteen separate instances of such admissions and corroborating material set out in that paragraph. Prima facie, Dr Saraf is correct in saying that the Kannada film is a colourable imitation of the Korean original. The Kannada film has been released and there is also a possibility that the Defendants have even made a telecast. 12. Therefore Dr Saraf submits that all further exhibition, distribution and telecasts must be prevented as a prima facie case has been made out. He sub ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... agents, servants, nominees, assigns and / or any persons claiming through or under them and against any party thereby restraining them from releasing the Kannada Film on Television or internet; iv. injunction against the Defendant, their servants, employees, assigns and / or nominees thereby restraining him / them from in any manner entering into any agreements / arrangements with any person or interse to create any rights in the Kannada Film, including right to make copy of the film, use the screenplay and script for remake, prequel and / or sequel or dub the Kannada Film in any other language. (b) Defendants thus be directed to disclose on oath: (i) Agreements, arrangements and / or contacts executed, if any, with Actors ..... X X X X Extracts X X X X X X X X Extracts X X X X
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