ASHIM KUMAR BAGCHI vs BALAJI TELEFILMS LIMITED

Judgment text excerpt

ia-22738-2023.doc jsn IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION Digitally signed by JITENDRA JITENDRA SHANKAR SHANKAR NIJASURE INTERIM APPLICATION (L) NO.22738 OF 2023 NIJASURE Date: 2025.08.06 18:51:25 +0530 IN COMM IP SUIT NO.322 OF 2023 Ashim Kumar Bagchi …Applicant / Plaintiff Versus Balaji Telefilms Ltd. and Ors. …Defendants ---------- Mr. Priyank Kapadia with Mr. Aniketh Poojari i/b. Legal House for the Applicant / Plaintiff. Mr. Rashmin Khandekar, Mr. Rahul Dhote, Ms. Anushree Ravta Mr. Shwetank Tripathi for the Defendant No. 1. Mr. Anand Mohan i/b. De Zalmi and Associates for Defendant No. 5. ---------- CORAM : R.I. CHAGLA J. Reserved on : 16TH DECEMBER, 2024. Pronounced on : 06TH AUGUST, 2025. O R D E R: 1. By this Interim Application, the Plaintiff has sought an injunction restraining the Defendants from exploiting the film titled “DREAM GIRL -2” produced by Defendant No.1 on the grounds of (i) alleged infringement of the Plaintiffs copyright in its purported literary work being the script titled “KAL KISNE DEKHA” which 1/55 ia-22738-2023.doc the Plaintiff claims was re-registered under the title “THE SHOW MUST GO ON”; (ii) breach of confidence. 2. The Plaintiff states that he had written and developed an original story in the form of the Plaintiff’s script for the purpose of having it made into a film. 3. The Plaintiff states that the “idea” of the Plaintiff’s work is based on the concept of gender swap comedy. The protagonist, a male, dons the persona and performance of a female and tackles various comedic situations where his identity may get exposed. 4. The Plaintiff states that the arrangement of scenes, the comedic effect of specific situations, the profile of the characters and their develo