SAREGAMA INDIA LIMITED Vs. BALAJI MOTION PICTURES LIMITED

JUDGEMENT

(1.) Ia No.12374/2019 (of the plaintiff u/o XXXIX R-1 & 2 CPC)

(2.) The suit, along with this application came up before this Court first on 6th September, 2019 when the senior counsel for the defendants No.1 & 2 and the counsel for the defendant No.3 appeared on seeing the matter in the Cause List. The senior counsels for the plaintiff pressed for ad-interim relief. The senior counsel for the defendants No.1 & 2 stated that the film "Dream Girl" was to be released on 13th September, 2019 and since paper book of the suit had been received at that time only, the defendants be given time to prepare and the matter be taken up on 11th September, 2019. It was further stated that the impugned song in the forthcoming film was not even part of the film and constituted about two lines only in the song which played towards the end of the film with the end credits. The senior counsels for the plaintiff however expressed urgency contending that if the hearing was posted to 11th September, 2019, the defendants would take the advantage, of the same being at the last minute and it being not possible for the defendants to make the change as sought. The said apprehension of the plaintiff was allayed, by directing that it would not be so permitted. Though the senior counsels for the plaintiff, on 6th September, 2019 also contended that the defendants, till further hearing should not play the impugned song on the music/promotion channels of the forthcoming film, as they had been doing since 21st/27th August, 2019, but no such order was granted.

(3.) The senior counsels for the plaintiff, the counsel for the defendant No.3, the senior counsel for defendants No.1 & 2 though were heard for more than one and a half hour on 11th September, 2019 but the hearing spilled over to 12th September, 2019 and could be concluded only at about 1110 hours. Since the film "Dream Girl" was informed to be slated for release at 1230 hours today, this order was scheduled for pronouncement today at 1030 hours.