The Court : By this application, the defendant in a suit alleging infringement of copyright has prayed for stay of operation of the order impugned in this appeal by which the Learned Single Judge passed an ad interim order of injunction restraining the present appellants from incorporating three particular sons mentioned in the order impugned or the publicity and other material relating thereto and depicting the title of the said film in the same symbolized form as the plaintiffs original film `Ogo Bodhu Sungari.
After hearing the learned Counsel for the parties and after going through the materials on record, we are of the view that before decision of the appeal on merit there is no just reason of varying the interim order granted by the Learned trial Judge. We propose to hear out the appeal in the next week.
Learned Counsel for the appellants is directed to prepare requisite number of informal paper books containing all relevant papers and documents used in the trial Court along with the Memorandum of Appeal and the order impugned. Let such paper book be served upon the Learned Counsel for the plaintiff/respondent by Sunday (29.8.2010). Let the matter appear in the list on Monday (30.8.2010). We are told that the respondent/plaintiff is going to file a cross-objection against the self-same order impugned by which the Learned single Judge refused the other prayer of interim order sought for in the application.
Let that cross-objection be also heard along with the appeal and advance copy of the Memorandum of Cross Objection be served upon Mr. Kapoors junior so that the same can be included in the informal Paper Book. Let both the appeal and the proposed cross objection be listed on 30.8.2010 for hearing. Urgent Photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.