GAURAV DAYAL Vs. RABBI SHERGIL

JUDGEMENT

(1.) ISSUE notice to the respondents, returnable on 15th December, 2008. Notice accepted by the learned counsel appearing on behalf of the respondents. Reply to the application, if any, be filed within one week from today. Rejoinder thereto, if any, be filed before the next date of hearing.

(2.) THIS appeal is by the appellant-defendant No. 5, the Music Director of the Motion Pictures 'sorry Bhai'. The appellant is aggrieved by the ex-parte order of the learned Single Judge dated 26th November, 2008 by which it was held that the intellectual property rights of the plaintiff are likely to suffer if the movie 'sorry Bhai' is released with the song Jalte Hain.

(3.) THE learned Single Judge also heard the two songs in the Chamber and has recorded a finding that the music of the two songs i. e. the appellant's song Jalte Hain and the plaintiff's song Ballo are similar if not identical. One of the reasons given by the appellant is that the defendant No. 5 i. e. the appellant was the producer of his earlier album Avenge Ja Nahin and has utilized that familiarity with the plaintiff's music.