TRISHUL MEDIA ENTERTAINMENT Vs. RETROPHILES PRIVATE LIMITED

JUDGEMENT

(1.) The Interim Application (L) No.15925 of 2023 was filed on 14/6/2023 and had been moved before this Court on 15/6/2023. By order dtd. 15/6/2023, this Court had noted that the subject film "Adipurush" is being released in the theater on 16/6/2023. Paragraph 3 of the said order is relevant to produce, which reads as under :

(2.) There were other prayers including prayer for restraining the Defendants from releasing "Adipurush" ("subject film") in theaters or on any OTT Platform or Online or any other film / television series incorporating the works authored by the Plaintiffs, by themselves or their employees or agents without giving due credits to the Plaintiffs or their employees or agents in the said film so as to infringe the Plaintiff's moral rights in the works contained in Exhibit- A of the Plaint. It is not necessary to refer to the other prayers as on 15/6/2023 when the aforementioned Interim Application had come up, Dr. Abhinav Chandrachud, learned Counsel appearing for the Applicant/Plaintiff had submitted that at this stage no ad-interim relief is being sought for in respect of the prayers other than giving of credit to the Applicant/Plaintiff. He had submitted that the Applicant/Plaintiff is not intending to prevent the release of the subject film, which was scheduled for release on the next day. Further, he had submitted that he would press for further ad-interim relief after opportunity was given to the Defendants to file their Affidavit-in-Reply to the Interim Application.

(3.) Considering that Super Cassettes Industries Private Limited had not been joined though the Company is a co-Producer of the subject film, Dr. Abhinav Chandrachud has sought leave to amend the Plaint and Interim Application for joining Super Cassettes Industries Private Limited. Leave was accordingly granted and permission to carry out the amendment was also granted. Further directions were issued for the completion of pleadings i.e. filing of the Affidavit-in- Reply and Rejoinder.