SUSHIL ANSAL Vs. ENDEMOL INDIA PVT. LTD

JUDGEMENT

(1.) The present suit has been instituted for a decree of mandatory and permanent injunction restraining defendant No. 3 from exhibiting, broadcasting, telecasting and releasing on its digital/OTT platforms, the series titled 'Trial by Fire'. The web series is to be aired on 13/1/2023. The plaintiff further seeks a decree of mandatory and permanent injunction against the defendants from publishing the book 'Trial by Fire: The Tragic Tale of Uphaar Fire Tragedy' (The Book), including and extending to publication of audio/video adaptations of the Book and from exhibiting, broadcasting, telecasting defamatory, libellous, slanderous and false statements made by way of the Book on digital / OTT platforms. A further relief of delivery-up is also sought against the defendants.

(2.) The Court has heard Mr. Siddharth Agarwal, learned senior counsel appearing for the plaintiff, Mr. Sethi who appeared for defendant Nos. 1 and 2, the producer and co-producer of the web series in question, Mr. Nayar and Mr. Sibal, learned senior counsels, on behalf of defendant No. 3, Mr. Pahwa, learned senior counsel who appeared for defendant Nos. 4 and 5, the authors of the Book and Ms. Bhandari, learned counsel who appeared for defendant No. 6 which had published the Book.

(3.) Parties have addressed submissions before this Court on the application for ad interim injunction which has been moved and in terms of which prayers identical to those that are sought in the principal suit are claimed by way of interim injunctive reliefs. For the purposes of appreciating the submissions which have been addressed, it would be pertinent to note the following salient facts.