Tuesday, April 26, 2011

VIOLATION BY CABLE OPERATORS


Hon’ble High Court in the case filed by UTV issued summons indicating that it is open to the parties to access the facility of negotiating a settlement with the other side before the Delhi High Court Mediation and Conciliation Centre in the court complex with liberty to the mediator to join any other person(s) considered necessary for effective mediation and dispute resolution without prejudice to their rights and contentions in the suit.
Hon’ble High Court observed that unlicensed broadcast of the reproduction rights vested in the plaintiff by telecasting the plaintiffs’ films 7 Khoon Maaf and the forthcoming film Thank You in the foregoing manner is illegal, unfair and deserves to be prohibited, therefore issued as under:-
(i)         that the defendants/their agents, representatives, franchisees, sub-operators, head ends and/or anyone claiming under them are hereby restrained from telecasting or in any other manner communicating to the viewing public/subscribers either by means of wireless diffusion or by wire a pirated version of the films 7 Khoon Maaf and Thank You and/or in any other manner infringing the copyright of the plaintiff therein.
(ii)        It is further directed that till the present order is vacated or modified, the direction shall operate against the defendants, their agents, representatives, franchises, sub-operators or any person claiming under them an injunction.
(iii)       Further injunction in terms of serial no. (i) above is passed against un-named and undisclosed persons who may be likewise committing breach of the rights of the plaintiff in a similar manner.
(iv)     The SHO/Superintendent of the concerned police station(s) are directed to render assistance to the plaintiff should any be required for purposes of enforcement of the present order as it is the obligation of the police authorities and the State to enforce judicial orders passed.
(v)        The plaintiff is permitted to publish the John Doe injunction order issued today in local newspapers in all states where it has expressed apprehensions of violation of its rights. Consequences in accordance with law would thereafter follow.
(vi)       The plaintiff shall comply with the provisions of the proviso to rule 3 of order 39 of the CPC within a period of ten days from today. Copy of this order be given dasti as well as dasti under the signatures of the court master of this court.

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