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Ashim Kumar Bagchi v. Balaji Telefilms Limited & Ors

Ashim Kumar Bagchi v. Balaji Telefilms Limited & Ors

(High Court Of Judicature At Bombay)

INTERIM APPLICATION (L) NO.22738 OF 2023 IN COMMERCIAL IPR SUIT (L) NO.22720 OF 2023 | 22-08-2023

1. The learned Counsel appearing for the Plaintiff has by this Interim Application sought injunction against the Respondents/Defendants from releasing the film “DREAM GIRL 2” (Hindi), scheduled to be released on 25th August, 2023. The Interim Application has only been filed on 18th August, 2023. The Respondents have not had an opportunity to reply to the Interim Application. It is well settled that at the eleventh hour, films should not be prevented from their release. An opportunity is required to be given to Respondent / Defendant to file their reply to the Interim Application.

2. The Applicant/Plaintiff states that the screen play and script of the Applicant/Plaintiff have been registered with the Screen Writers Association. The case in the Plaint and Interim Application is disputed by the learned Counsel for the Respondents.

3. Accordingly, the Respondents shall file their Affidavit-inReply to the Interim Application within a period of one week from today.

4. Leave is granted to the Applicant/Plaintiff to file Application for amendment of the Plaint and Interim Application and for substitution of the Annexures to the Plaint.

5. Place the Interim Application for further consideration on 31st August, 2023.

Advocate List

  • Mr. Yatin Kochare a/w Aniketh Poojari, Suresh Poojari i/b Legal House

  • Mr. Rashmin Khandekar a/w Rahul Dhote, Anushree R., Shwetank Tripathi, Vidit Desai, Umang Mehta & Radhika Mehta, Mr. Ankit Lohia a/w Kunal Parekh i/b Dua, Mr. Anand Mohan a/w Arohi Gursale, Sunil Zalmi, Shivani Talati

Bench
  • HON'BLE MR. JUSTICE R.I. CHAGLA
Eq Citations
  • LQ
  • LQ/BomHC/2023/4000
Head Note

A. Copyright — Copyright infringement — Interim injunction — Application filed at eleventh hour — Held, at eleventh hour films should not be prevented from their release — An opportunity is required to be given to Respondent Defendant to file their reply to the Interim Application