Rajkumar Theatres Injunction Dismissed for Hindi Drishyam 3

Authority: High Court of Judicature at Madras

Order Date: 01-10-2026

Case Overview

Parties: Applicant – Rajkumar Theatres Pvt. Ltd., represented by Director Mr. Rajkumar Sethupathy. Respondents – (1) Wide Angle Creations (partner Shoba George), (2) Ashirvad Cinemas (proprietor M.J. Antony), (3) Mr. Jeethu Joseph Valiyakandathi, (4) Star Studio, (5) Panorama Studios, (6) Ajay Devgn, (7) Jyoti Deshpande.
Nature of Proceeding: Application under Order XIV Rule 8 of the O.S. Rules read with Section 9(1)(d) of the Arbitration and Conciliation Act, 1996, seeking interim protection against alleged copyright infringement under Section 62 of the Copyright Act, 1957.
Background:
In 2013, the second respondent produced the Malayalam film "Drishyam". The applicant entered into an agreement dated 22‑12‑2013 with the second and third respondents, acquiring exclusive remake rights in Telugu for the original film and its sequels. The applicant remade the film in Telugu as "Drushyam" and exploited it successfully.
On the same day (22‑12‑2013), the first respondent (Wide Angle Creations) entered into an agreement with the second and third respondents, acquiring similar remake rights for Hindi and other North Indian languages. The applicant funded Rs.50 Crores for this assignment, and both parties agreed to a 50 % share in Hindi and North Indian language rights.
The sharing arrangement was formalised in an agreement dated 12‑06‑2014, making the applicant and the first respondent joint owners of the Hindi remake copyright.
The applicant also remade the first sequel "Drishyam 2" in Telugu, exploiting it successfully.
An NOC dated 20‑01‑2021 was jointly issued by the applicant and the first respondent to the second respondent, permitting assignment of the Hindi remake rights of "Drishyam 2" to any third party.
In May 2026, the second respondent produced "Drishyam 3" (Malayalam sequel). The applicant claimed exclusive Telugu remake rights under the 2013 agreement, while the respondents announced a worldwide release of the Malayalam version with a Telugu dubbed version, prompting the applicant to obtain an interim order in C.S. No.144 of 2026, later settled out of court.
The applicant recently learned that the Malayalam "Drishyam 3" had been remade into Hindi by the same third parties (who had previously made "Drishyam 2" in Hindi) without the applicant’s consent, with a planned release on 2 Oct 2026. The applicant therefore sought an injunction to restrain any worldwide release of the Hindi remake.
Respondents’ Defence: Respondents 2‑7 argued that Section 62 of the Copyright Act does not apply to a Section 9 application, that the applicant produced no document establishing a subsisting exclusive right, and that the Hindi sequel rights had been assigned to Viacom 18 under the 2014 Assignment and preserved in the 2022 Settlement Agreements. They denied any privity of contract with the applicant and claimed no prima facie case.
Court’s Reasoning:
The Court noted that the applicant must demonstrate a clear, enforceable exclusive or joint copyright in the Hindi remake at this interlocutory stage.
The material placed before the Court did not sufficiently establish that the applicant retained such exclusive or joint rights, especially in view of the subsequent 2014 Assignment and 2022 settlement documents relied upon by the respondents.
The Court observed that the applicant’s contention that rights under the 22‑12‑2013 agreement extended to the second sequel and survived later transactions required detailed examination of contractual documents, which was not presented.
Given the competing contractual and copyright claims and the lack of clear evidence, the Court was not persuaded to grant a sweeping restraint.

Final Outcome

The original application for interim injunction under Section 9(1)(d) is dismissed. No restraining order is granted; respondents are free to release the Hindi remake of "Drishyam 3" as planned.