BEFORE THE HON’BLE DISTRICT AND SESSIONS COURT,

MUMBAI

CIVIL SUIT NO. ________ of 2012

1) Mr. Chetan Bhagat, Age: 40 years,

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.

Solemnly declared Mr. Chetan Bhagat

at Mumbai plaintiff