residing at N-54 Asmaakam Apartment, Nr. Torrent power substation, Makarba Road, Juhu Mumbai – 480001 [Plaintiff]
Versus
2) Mr. Karan Johar, Age- 32 years,
residing at Supreme Apartment, Nr. Dharma Productions, Carter Road, Andheri(West), Mumbai-480053 [Defendant]
The Plaintiff abovenamed states as follows:
I. The Plaintiff is a playwright, dramatist and
producer of stage plays. He has written and produced a number of plays which were award winning.
II. That in 2010, Plaintiff writes play titled ‘Hum
Hindustani’ which depicted the theme of provincialism and a love story of a boy from South India who want to marry a girl from North India which soon became very popular. The Plaintiff had copyright of the play.
III. The defendant is the well- known producer in
Bollywood with the production house named ‘Dharma Production’. The defendant came across this play titled ‘Hum Hindustani’ and was impressed with the concept and the narration of the story. On 28th September 2010, Defendant wishes to produce the movie & takes the permission from the Plaintiff and discussed the play and gave permission for the same.
IV. That after six months, Defendant
communicates to Plaintiff that, he will not be able to produce the movie out of the play as the script is very short and movie out of this cannot be made with which the plaintiff was okay with it.
V. The cause of action arose in the year 2012,
when the Defendant release a movie titled ‘2 States’ based on the concept of provincialism and a love story of boy from south India who want to marry a girl from north India, the plot was similar to the play written by the plaintiff i.e. ‘Hum Hindustani which also depicted the theme of provincialism.
VI. After watching the movie, the Plaintiff was of
the opinion that it is based on the story of his play.
VII. The Plaintiff claims that, the Defendant has
produced a movie based on the play written by him without the permission of the plaintiff and thus there is infringement of copyright.
VIII. That, the plaintiff and the defendant both
resides in the Mumbai city and there is was infringement of copyright and fraud. So, the present matter is well within the jurisdiction of this Hon’ble Court. Also, the value of the subject matter of this suit for the purpose of jurisdiction is Rs. 2,50,000-/ as well as it is the same for the purpose of court fees.
IX. That the present suit being filed by the
plaintiff against the defendant is the first suit and no such suit has been previously filed, pending or decided by any court of law on the same subject matter.
X. That, the plaintiff will rely upon the
documents listed whereof is hereto annexed as an Annexure A.
XI. The plaintiff therefore prays,
- That, the plaintiff seeks permanent
injunction and the defendant may be ordered to pay the plaintiff the compensatory amount for committing infringement of Copyright. And compensate the plaintiff by paying the original fees for using the play of the plaintiff i.e. Rs 50,00,000-/ (Fifty – Five- Lakhs). - That, the defendant may be ordered to be punished for the Infringement of Copyright and Fraud.
- In the alternative, that the defendant should
be ordered to pay the plaintiff’s cost of the suit i.e. Rs. 2,00,000/- (Two Lakhs).
Mr. Chetan Bhagat
Plaintiff
Verification
I, Mr. Chetan Bhagat, the plaintiff
abovenamed, do solemnly declare that what is stated in paras I to IX is true to my knowledge and that what is stated in remaining paras if stated on the information and belief and I believe the same to be true.