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
BEFORE THE HON’BLE DISTRICT AND SESSIONS COURT,
MUMBAI

CIVIL SUIT NO. _______of 2012

Mr. Chetan Bhagat, Age: 40 years,

Residing at N-54 Asmaakam Apartment, Nr.
Torrent power substation,
Makarba Road, Juhu
Mumbai–480001
[Plaintiff]

Versus

Mr. Karan Johar, Age- 32 years,

Residing at Supreme Apartment, Nr. Dharma
Productions,Carter Road, Andheri(West),
Mumbai-480053
[Defendant]
 WRITTEN STATEMENT

Defendant abovenamed states as follows:

I. That the present suit as filed by the

plaintiffs is the abuse of the process of law
and as such liable to be dismissed with
exemplary cost.

II. The Defendant admits that there was

agreement between the plaintiff and the
defendant regarding producing the movie
based on the play ‘Hum Hindustani’ which
depicts the theme of provincialism.

III. That the defendant was unable to make the

movie later on, as the script was not big
enough to make a movie on it and there
were also creative differences between the
defendant and the plaintiff.

IV. That the defendant accepts the facts

disclosed in the para IV of the plaint.

V. That the movie produced by the defendant

titled ‘2 States’ which was released in the
year 2012, depicted the theme of
 provincialism and a love story of the boy
from South India want to marry girl from
North India, the plot of the movie is totally
different from the plot of the play though
the defendant admits that the theme of the
movie and the play were same but the plot
of both were different.

VI. That the present suit for infringement of

copyright is not maintainable as the
plaintiff have completely failed to disclose
the essential ingredients of the copyright.
It is submitted that the plaintiff is
asserting infringement on the basis of
unregistered copyright.

VII. That the contents of the para VII of the

plaint are denied as wrong and incorrect. It
is denied that defendant has made any
infringing of the play which cannot be
permitted under the copyright act.

VIII. That the defendant therefore prays and

counter claim
- That, the defendant seeks to remove the
permanent injunction on the allegation of
infringement of copyright of the play.
- In the aforesaid facts and circumstances, it
is humbly prayed that the suit of the
plaintiff be dismissed with exemplary
costs.
- In the alternative, that the plaintiff should
be ordered to pay the defendant for the
damages occurred to the defendant for the
cost of the suit i.e. Rs 2,00,000.

Mr. Karan Johar

Defendant

Verification

I, Mr. Karan Johar, the defendant

abovenamed, do solemnly declare that what
is stated in paras I to VII 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. Karan Johar
at Mumbai Defendant

AFFIDAVIT

BEFORE THE HON’BLE DISTRICT AND SESSIONS COURT,

MUMBAI

CIVIL SUIT NO. _______of 2012

Mr. Chetan Bhagat

[Plaintiff]

Versus

Mr. Karan Johar

[Defendant]

I, Mr. Karan Johar, the defendant

abovenamed, do solemnly declare that what
is stated in paras I to VII 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. Karan Johar

at Mumbai Defendant

Before the Hon’ble District and Sessions Court, Mumbai

Civil Suit no._______2012

Mr. Chetan Bhagat, Age: 40 years

residing at N-54 Asmaakam apartment, Nr.
Torrent Power substation, Makarba Road, Juhu
Mumbai – 480001 [Plaintiff]

Versus

Mr. Karan Johar, Age- 32 years,

Residing at Supreme Apartment, Nr. Dharma
Productions, Carter road, Andheri (West),
Mumbai - 480053
 The defendant above named most
respectfully
Submits as hereunder: -
1. That the above titled case is pending in
this Hon’ble Court.
2. As a matter of fact the entire case can
easily be decided on merits through discovery
by Interrogatories under Order-11 of CPC.