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Injunction over sale of Oba Na Ada

The Court of Appeal issued an injunction against the singers, Bathiya Jayakody, Santhush Weeraman, Maharajah Entertainment (Pvt.) Ltd. and Sony Music Entertainment India (Pvt.) Ltd., as respondents in an action filed in the Court of Appeal by the proprietor Torana Music Box, Sarath Kotelawela, preventing and restraining the aforesaid persons and companies from producing, manufacturing and/or distributing and/or marketing and/or selling and/or advertising for sale and/or permitting the production and/or the manufacture and/or distribution and/or the marketing and/or the sale and/or advertising for sale the audio cassettes and compact discs titled ¤;dreKHfha¦ containing the song ¤Tn kE wo¦ sung by Bathiya & Santhush.

The popular singing duo Bathiya & Santhush were first introduced to the music world by Sarath Kotelawela when they were totally unknown as singers. Mr. Kotelawela has produced and launched the first and second musical efforts of Bathiya & Santhush under the "Torana label" under the title "Vasanthaye - a new beginning" and "Life’ in the form of audio cassettes and compact discs which are currently being sold, distributed and marketed by him in Sri Lanka and worldwide. Mr. Kotelawela holds the exclusive rights to produce, manufacture, market, sell and distribute the songs contained in "Vasanthaye" and "Life" under a written agreement with the two singers. Violating the said agreement the singing duo have sung one of the said songs ¤Tn kE wo¦ for production, marketing, distribution and sale by Sony Music India which was launched together with other songs in a third album ¤;dreKHfha" on the 21st May 2002 by "Entertainment" (Pvt.) Ltd., for Sony Music Co. India.

The launch of ¤;dreKHfha" containing the song ¤Tn kE wo¦ was carried out ignoring a court order issued by the High Court of Colombo preventing the said launch recording - production - marketing - distribution & sale.

The present action in the Court of Appeal was filed under section 143 of the Constitution by Mr. Kotelawala whose action in the High Court was dismissed on the question of jurisdiction.

Since the dismissal of the first action, the respondents, especially Bathiya & Santhush have been widely advertising and promoting for sale through the media the said cassettes, CDs & M Entertainment & Sony Music Company acting in collusion have been marketing, distributing & selling the said cassettes & CDs continuously violating and breaching Mr. Sarath Kotelawela’s rights under the agreement.

The application for the injunction in the Court of Appeal was supported on behalf of Mr. Kotelawela, proprietor of ‘Torana Music Box:’ the petitioner by Mr. M. Ikram Mohamed, President’s Counsel with Mrs. A. T. Shyama Fernando, Mr. A. M. Faaiz & Mr. M. S. A. Wadood, his attorneys-at-law instructed by Mr. A. C. Abdul Lathieef, attorney-at-law.


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