Karnataka High Court
M/S Lahari Recording Company Pvt Ltd vs Kannada Film Producers Association No. ... on 21 September, 2020
Author: P.B. Bajanthri
Bench: P.B. Bajanthri
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF SEPTEMBER, 2020
BEFORE
THE HON'BLE MR.JUSTICE P.B. BAJANTHRI
WRIT PETITION NO. 9387/2020 (GM-CPC)
C/W
WRIT PETITION NOS. 9405/2020, 9409/2020,
9434/2020, 9441/2020, 9447/2020, 9476/2020
AND 9480/2020 (GM-CPC)
IN W.P.NO. 9387/2020
BETWEEN:
M/S. LAHARI RECORDING
COMPANY PVT. LTD.,
A COMPANY DULY INCORPORATED
UNDER THE PROVISIONS OF THE
INDIAN COMPANIES ACT, 1956,
HAVING ITS REGISTERED OFFICE AT
4TH FLOOR, TTMC, BMTC BUILDING,
YESHWANTHPUR CIRCLE, YESHWANTHPUR,
BENGALURU - 560 022
REPRESENTED BY ITS AUTHORIZED
SIGNATORY G. THULASIRAM ... PETITIONER
(BY SRI. SRIDHAR .G., ADVOCATE)
AND:
1. KANNADA FILM PRODUCERS
ASSOCIATION NO. 1023/138,
S.V TOWERS, 28TH MAIN ROAD,
5TH BLOCK, WOC ROAD,
RAJAJINAGAR, BENGALURU - 560 010
REPRESENTED BY ITS PRESIDENT
SRI. D.K. RAMAKRISHNA
2
2. M/S. VIACOM 18 MEDIA PVT. LTD.,
COLORS KANNADA (EARLIER ETV)
AND ALL ITS SISTER CONCERNS
RELATED TO KANNADA ENTERTAINMENT,
O/A. JP TECHNO PARK. 3/2, 5TH FLOOR,
MILLERS RD, VASANTH NAGAR,
BENGALURU - 560 052
REPRESENTED BY ITS MANAGING DIRECTOR.
3. ZEE TV KANNADA,
(ZEE ENTERTAINMENT CO. NETWORK),
AND ALL ITS SISTER CONCERNS
RELATED TO KANNADA ENTERTAINMENT,
O/A. NO. 39, UNITED MANSIONS, 3RD FLOOR,
MG ROAD, BENGALURU - 560 001
REPRESENTED BY ITS MANAGING DIRECTOR
4. SUVARNA TV
(ASIANET EARLIER) AND ALL
ITS SISTER CONCERNS RELATED
TO KANNADA ENTERTAINMENT,
O/A. NO. 36, SHIVANANDA CIRCLE ,
OPP. MALLIGE HOSPITAL, CRESCENT ROAD,
BENGALURU 560 001
REPRESENTED BY ITS MANAGING DIRECTOR
5. KASTHURI MEDIA PVT.LTD.,
AND ALL ITS SISTER CONCERNS
RELATED TO KANNADA ENTERTAINMENT,
O/A. KASTURBA ROAD, SHANTALA NAGAR,
SAMPANGIRAMANAGAR, BENGALURU - 560 001
REPRESENTED BY ITS DIRECTOR
6. PUBLIC MOVIES,
PUBLIC TV WRITEMEN MEDIA
PVT. LTD., AND ALL ITS SISTER
CONCERNS RELATED TO KANNADA
ENTERTAINMENT, O/A, 4TH FLOOR,
TTMC-BMTC BUILDING, YESHWANTPUR CIRCLE,
YESHWANTHPUR, BENGALURU - 560 022
REPRESENTED BY ITS MANAGING DIRECTOR
7. PUBLIC TV / PUBLIC MOVIES,
AND ALL ITS SISTER CONCERNS
RELATED TO KANNADA ENTERTAINMENT,
3
O/A. 4TH FLOOR, TTMC-BMTC BUILDING,
YESHWANTHPUR CIRCLE, YESHWANTHPUR,
BENGALURU - 560 022 REPRESENTED BY
ITS MANAGING DIRECTOR
8. SIRI KANNADA,
NO. 1031, ABOVE SIDVIN HOSPITAL,
20TH MAIN ROAD, 5TH BLOCK,
JEDARAHALLI RAJAJINAGAR,
BENGALURU - 560 010
REPRESENTED BY ITS MANAGING DIRECTOR
9. JIO MOVIES, RMZ ICON,
CUNNINGHAM ROAD,
BENGALURU - 560 052
REPRESENTED BY ITS EXECUTIVE DIRECTOR
10. AIRTEL EXTREAM,
M/S. BHARATHI AIRTEL LTD.,
UNITECH WORLD CYBER PARK,
SECTOR- 39, TOWER A, 4TH FLOOR,
GURGAON 122 001.
REPRESENTED BY ITS CHAIRMAN
11. M/S. TATA SKY LTD.,
O/A. UNIT 301 TO 305, 3RD FLOOR,
WINDSOR OFF, CST ROAD, KALINA,
SANTACRUZ (E), MUMBAI - 400 098
REPRESENTED BY ITS DIRECTOR
12. YOU TUBE LLC,
GOOGLE INDIA PVT. LTD.,
O/A. 4TH FLOOR, TOWER E, RMZ INFINITY,
NO. 3, SWAMI VIVEKANANADA RD.,
SADANANDANAGAR, BENNIGANAHALLI,
BENGALURU - 560 016 REPRESENTED BY
ITS MANAGING DIRECTOR
13. FACE BOOK INDIA,
ONE BKC, BANDRA KURLA COMPLEX,
BANDRA(E), MUMBAI - 400 051
REPRESENTED BY ITS MANAGING DIRECTOR
14. BIG FLIX,
15TH FLOOR, GRANDEUR,
VEERA DESAI EXT. ROAD,
4
CAPTAIN SAWANTH MARG,
NEAR COUNTRY CLUB,
ANDHERI WEST, MUMBAI - 400 053
REPRESENTED BY ITS MANAGING DIRECTOR
15. DISNEY HOTSTAR,
M/S. NOVI DIGITAL, ENTERTAINMENT
PVT. LTD., URMI ESTATE,
GANAPATRAO KADAM MARG,
RAILWAY COLONY, LOWER PAREL,
MUMBAI - 400 013 REPRESENTED
BY ITS MANAGING DIRECTOR
16. M/S. EROS NOW,
O/A. 501, SUPREME CHAMBER
BUILDING, OFF VEERA DESAI ROAD,
ANDHERI WEST, MUMBAI - 400 053
REPRESENTED BY ITS
MANAGING EXECUTIVE CHAIRMAN
17. M/S. MX PLAYER,
O/A, 2ND FLOOR, WING-A,
KANAKIA WALL STREET,
VILLAGE CHAKALA,
ANDHERI KURLA ROAD,
ANDHERI EAST, MUMBAI - 400 093.
REPRESENTED BY ITS MANAGING DIRECTOR
18. VOOT, M/S. VIACOM 18 MEDIA
PVT. LTD., O/A. ZION WIZWORLD,
SUBHASH ROAD-A, VILE PARLE (E),
MUMBAI - 400 057 REPRESENTED
BY ITS MANAGING DIRECTOR
19. M/S. AMAZON PRIME,
KURLA COMPLEX, BANDRA,
MUMBAI - 400 093 REPRESENTED
BY ITS MANAGING DIRECTOR
20. YUPP TV, O/A. 38-40, PLOT #3,
IONIDEA BUILDING, EPIP AREA,
BENGALURU - 560 066
REPRESENTED BY ITS DIRECTOR
21. NAMMA FLIX, O/A. NO. 24,
MY WORK AREA, BENAKA
5
COMPLEX, 2ND CROSS, SIRUR
PARK ROAD, SESHADRIPURAM,
BENGALURU - 560 020
REPRESENTED BY ITS MANAGING DIRECTOR
22. SUN NEXT, NO.9, MARAN TOWERS,
BRUNTON ROAD, CRAIG PARK ROAD,
ASHOK NAGAR, BENGALURU- 560 025
REPRESENTED BY ITS MANAGING
DIRECTOR/CHAIRMAN
23. ZEE 5, KANNADA ENTERTAINMENT,
REGIONAL OFFICE, NO. 39,
UNITED MANSIONS, 3RD FLOOR,
M.G. ROAD, BANGALORE - 560 001
REPRESENTED BY ITS MANAGING
DIRECTOR/CHAIRMAN
24. RAJ MUSIC KANNADA
RAJ KANNADA MUSIC CHANNEL,
FLAT NO. 16/1, KKMP, MILLERS TANK
BUND ROAD, VASANTHNAGAR,
BANGALORE - 560 052 REPRESENTED
BY ITS MANAGING DIRECTOR/CHAIRMAN
25. PUBLIC MUSIC, 4TH FLOOR,
TTMC-BMTC BUILDING,
YESHWANTHPUR CIRCLE, YESHWANTHPUR,
BANGALORE - 560 022 REPRESENTED BY ITS
CHAIRMAN AND MANAGING DIRECTOR
MR. H.R. RANGANATH
26. STAR SUVARNA KANNADA CHANNEL
STAR INDIA PVT. LTD., NO.66, LAKE
VIEW BUILDING, BAGMANE TECHPARK,
A BLOCK, 7TH FLOOR, C V RAMAN NAGAR,
BANGALORE - 560 093 REPRESENTED BY
ITS MANAGING DIRECTOR/CHAIRMAN
27. HOTSTAR, STAR INDIA PVT. LTD.,
NO.66, LAKE VIEW BUILDING,
BAGMANE TECHPARK, A BLOCK
7TH FLOOR, C V RAMAN NAGAR,
BANGALORE - 560 093 REPRESENTED BY
ITS MANAGING DIRECTOR/CHAIRMAN
6
28. SHEMAROO ENTERTAIN PVT. LTD.,
SHEMAROO HOUSE, FLAT NO. 18,
MAROLCO, OPPOSITE INDUSTRIAL ESTATE,
OFF ANDHERI KURLA ROAD, ANDHERI WEST,
MUMBAI - 400 059 REPRESENTED BY ITS
MANAGING DIRECTOR/CHAIRMAN
29. JHANKAR MUSIC FLAT NO. 53/A,
GROUND FLOOR, KHADI COMMISSION HBCS,
VIVEKANANDA NAGAR, KATRIGUPPE MAIN ROAD,
BANGALORE - 560 085 REPRESENTED BY
ITS MANAGING DIRECTOR/CHAIRMAN
30. TELEGRAM 23RD FLOOR,
BUSINESS CENTRAL TOWERS,
TOWER A, 10003-1004, DUBAI
MEDIA CITY, DUBAI- 501 919 ... RESPONDENTS
(BY SRI. S.S. NAGANAND, ADVOCATE FOR R26,
-V/O DTD.27/08/2020,
SRI. TARUN SURANA, ADVOCATE FOR R29.
SRI. VIKRAM UNNI RAJAGOPAL, ADVOCATE FOR R26
(VK FILED). - V/O. DTD.28/08/2020, NOTICE TO R2 TO
R30 IS DISPENSED WITH FOR THE PRESENT.
SRI. PRADEEP NAIK, ADVOCATE FOR M/S KEYSTONE
PARTNERS FOR R-16 (VK FILED))
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET
ASIDE THE ORDER DATED 05.08.2020 AT ANNEXURE-A
PASSED BY THE COURT OF LVII ADDITIONAL CITY CIVIL
AND SESSIONS JUDGE, MAYO HALL UNIT, BENGALURU IN
I.A.NO.1 IN O.S.NO. 25863/2020 AND CONSEQUENTLY
DISMISS THE IA.NO.1 AT ANNEXURE-C AND ETC.,
IN W.P.NO. 9405/2020
BETWEEN:
PUBLIC MOVIES,
PUBLIC TV WRITEMEN MEDIA
PVT.LTD., O/A. 4TH FLOOR,
TTMC-BMTC BUILDING,
YESHWANTPUR CIRCLE, YESHWANTHPUR,
BANGALURU - 560 022 REPRESENTED BY
ITS MANAGING DIRECTOR ... PETITIONER
(BY SRI. SRIDHAR .G., ADVOCATE)
7
AND:
1. KANNADA FILM PRODUCERS
ASSOCIATION NO. 1023/138,
S.V TOWERS, 28TH MAIN ROAD,
5TH BLOCK, WOC ROAD,
RAJAJINAGAR, BENGALURU - 560 010
REPRESENTED BY ITS PRESIDENT
SRI. D.K. RAMAKRISHNA
2. M/S. VIACOM 18 MEDIA PVT. LTD.,
COLORS KANNADA (EARLIER ETV)
AND ALL ITS SISTER CONCERNS
RELATED TO KANNADA ENTERTAINMENT,
O/A. JP TECHNO PARK. 3/2, 5TH FLOOR,
MILLERS RD, VASANTH NAGAR,
BENGALURU - 560 052
REPRESENTED BY ITS MANAGING DIRECTOR.
3. ZEE TV KANNADA,
(ZEE ENTERTAINMENT CO. NETWORK),
AND ALL ITS SISTER CONCERNS
RELATED TO KANNADA ENTERTAINMENT,
O/A. NO. 39, UNITED MANSIONS, 3RD FLOOR,
MG ROAD, BENGALURU - 560 001
REPRESENTED BY ITS MANAGING DIRECTOR
4. SUVARNA TV
(ASIANET EARLIER) AND ALL
ITS SISTER CONCERNS RELATED
TO KANNADA ENTERTAINMENT,
O/A. NO. 36, SHIVANANDA CIRCLE ,
OPP. MALLIGE HOSPITAL, CRESCENT ROAD,
BENGALURU 560 001
REPRESENTED BY ITS MANAGING DIRECTOR
5. KASTHURI MEDIA PVT.LTD.,
AND ALL ITS SISTER CONCERNS
RELATED TO KANNADA ENTERTAINMENT,
O/A. KASTURBA ROAD, SHANTALA NAGAR,
SAMPANGIRAMANAGAR, BENGALURU - 560 001
REPRESENTED BY ITS DIRECTOR
6. SIRI KANNADA,
NO. 1031, ABOVE SIDVIN HOSPITAL,
20TH MAIN ROAD, 5TH BLOCK,
8
JEDARAHALLI RAJAJINAGAR,
BENGALURU - 560 010
REPRESENTED BY ITS MANAGING DIRECTOR
7. JIO MOVIES, RMZ ICON,
CUNNINGHAM ROAD,
BENGALURU - 560 052
REPRESENTED BY ITS EXECUTIVE DIRECTOR
8. AIRTEL EXTREAM,
M/S. BHARATHI AIRTEL LTD.,
UNITECH WORLD CYBER PARK,
SECTOR- 39, TOWER A, 4TH FLOOR,
GURGAON 122 001.
REPRESENTED BY ITS CHAIRMAN
9. M/S. TATA SKY LTD.,
O/A. UNIT 301 TO 305, 3RD FLOOR,
WINDSOR OFF, CST ROAD, KALINA,
SANTACRUZ (E), MUMBAI - 400 098
REPRESENTED BY ITS DIRECTOR
10. YOU TUBE LLC,
GOOGLE INDIA PVT. LTD.,
O/A. 4TH FLOOR, TOWER E, RMZ INFINITY,
NO. 3, SWAMI VIVEKANANADA RD.,
SADANANDANAGAR, BENNIGANAHALLI,
BENGALURU - 560 016 REPRESENTED BY
ITS MANAGING DIRECTOR
11. FACE BOOK INDIA,
ONE BKC, BANDRA KURLA COMPLEX,
BANDRA(E), MUMBAI - 400 051
REPRESENTED BY ITS MANAGING DIRECTOR
12. BIG FLIX,
15TH FLOOR, GRANDEUR,
VEERA DESAI EXT. ROAD,
CAPTAIN SAWANTH MARG,
NEAR COUNTRY CLUB,
ANDHERI WEST, MUMBAI - 400 053
REPRESENTED BY ITS MANAGING DIRECTOR
13. DISNEY HOTSTAR,
M/S. NOVI DIGITAL, ENTERTAINMENT
PVT. LTD., URMI ESTATE,
9
GANAPATRAO KADAM MARG,
RAILWAY COLONY, LOWER PAREL,
MUMBAI - 400 013 REPRESENTED
BY ITS MANAGING DIRECTOR
14. M/S. EROS NOW,
O/A. 501, SUPREME CHAMBER
BUILDING, OFF VEERA DESAI ROAD,
ANDHERI WEST, MUMBAI - 400 053
REPRESENTED BY ITS
MANAGING EXECUTIVE CHAIRMAN
15. M/S. MX PLAYER,
O/A, 2ND FLOOR, WING-A,
KANAKIA WALL STREET,
VILLAGE CHAKALA,
ANDHERI KURLA ROAD,
ANDHERI EAST, MUMBAI - 400 093.
REPRESENTED BY ITS MANAGING DIRECTOR
16. VOOT, M/S. VIACOM 18 MEDIA
PVT. LTD., O/A. ZION WIZWORLD,
SUBHASH ROAD-A, VILE PARLE (E),
MUMBAI - 400 057 REPRESENTED
BY ITS MANAGING DIRECTOR
17. M/S. AMAZON PRIME,
KURLA COMPLEX, BANDRA,
MUMBAI - 400 093 REPRESENTED
BY ITS MANAGING DIRECTOR
18. YUPP TV, O/A. 38-40, PLOT #3,
IONIDEA BUILDING, EPIP AREA,
BENGALURU - 560 066
REPRESENTED BY ITS DIRECTOR
19. NAMMA FLIX, O/A. NO. 24,
MY WORK AREA, BENAKA
COMPLEX, 2ND CROSS, SIRUR
PARK ROAD, SESHADRIPURAM,
BENGALURU - 560 020
REPRESENTED BY ITS MANAGING DIRECTOR
20. SUN NEXT, NO.9, MARAN TOWERS,
BRUNTON ROAD, CRAIG PARK ROAD,
ASHOK NAGAR, BENGALURU- 560 025
10
REPRESENTED BY ITS MANAGING
DIRECTOR/CHAIRMAN
21. ZEE 5, KANNADA ENTERTAINMENT,
REGIONAL OFFICE, NO. 39,
UNITED MANSIONS, 3RD FLOOR,
M.G. ROAD, BANGALORE - 560 001
REPRESENTED BY ITS MANAGING
DIRECTOR/CHAIRMAN
22. RAJ MUSIC KANNADA
RAJ KANNADA MUSIC CHANNEL,
FLAT NO. 16/1, KKMP, MILLERS TANK
BUND ROAD, VASANTHNAGAR,
BANGALORE - 560 052 REPRESENTED
BY ITS MANAGING DIRECTOR/CHAIRMAN
23. M/S. LAHARI RECORDING COMPANY PVT. LTD.,
A COMPANY DULY INCORPORATED
UNDER THE PROVISIONS OF THE INDIAN
COMPANIES ACT, 1956, HAVING ITS REGISTERED
OFFICE AT 4TH FLOOR, TTMC,BMTC BUILDING,
YESHWANTHPUR CIRCLE, YESHWANTHPUR,
BENGALURU - 560 022 REPRESENTED BY
ITS AUTHORIZED SIGNATORY G. THULASIRAM
24. STAR SUVARNA KANNADA CHANNEL
STAR INDIA PVT. LTD., NO.66, LAKE
VIEW BUILDING, BAGMANE TECHPARK,
A BLOCK, 7TH FLOOR, C V RAMAN NAGAR,
BANGALORE - 560 093 REPRESENTED BY
ITS MANAGING DIRECTOR/CHAIRMAN
25. HOTSTAR, STAR INDIA PVT. LTD.,
NO.66, LAKE VIEW BUILDING,
BAGMANE TECHPARK, A BLOCK
7TH FLOOR, C V RAMAN NAGAR,
BANGALORE - 560 093 REPRESENTED BY
ITS MANAGING DIRECTOR/CHAIRMAN
26. SHEMAROO ENTERTAIN PVT. LTD.,
SHEMAROO HOUSE, FLAT NO. 18,
MAROLCO, OPPOSITE INDUSTRIAL ESTATE,
OFF ANDHERI KURLA ROAD, ANDHERI WEST,
MUMBAI - 400 059 REPRESENTED BY ITS
MANAGING DIRECTOR/CHAIRMAN
11
27. JHANKAR MUSIC FLAT NO. 53/A,
GROUND FLOOR, KHADI COMMISSION HBCS,
VIVEKANANDA NAGAR, KATRIGUPPE MAIN ROAD,
BANGALORE - 560 085 REPRESENTED BY
ITS MANAGING DIRECTOR/CHAIRMAN
28. TELEGRAM 23RD FLOOR,
BUSINESS CENTRAL TOWERS,
TOWER A, 10003-1004, DUBAI
MEDIA CITY, DUBAI- 501 919 ... RESPONDENTS
(BY V/O DT: 27/08/2020,
SRI. S.S. NAGANAND, SR. COUNSEL,
FOR SRI. VIKRAM UNNI RAJAGOPAL, ADVOCATE
FOR R24. -V/O DTD.27/08/2020,
SRI. TARUN SURANA, ADVOCATE FOR R-27
(VK NOT FILED) SRI. PRADEEP NAIK, ADVOCATE
FOR KEYSTONE PARTNERS, FOR R-14
- V/O. DTD.28/08/2020, NOTICE TO R2 TO R28 IS
DISPENSED WITH FOR THE PRESENT.
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET
ASIDE THE ORDER DATED 05.08.2020 AT ANNEXURE-A
PASSED BY THE COURT OF LVII ADDITIONAL CITY CIVIL
AND SESSIONS JUDGE, MAYO HALL UNIT, BENGALURU IN
I.A.NO.1 IN O.S.NO. 25863/2020 AND CONSEQUENTLY
DISMISS THE IA.NO.1 AT ANNEXURE-C AND ETC.,
IN W.P.NO. 9409/2020
BETWEEN:
PUBLIC MOVIES / PUBLIC TV
WRITEMEN MEDIA PVT. LTD.,
O/A. 4TH FLOOR, TTMC-BMTC
BUILDING, YESHWANTPUR CIRLCE,
YESHWANTHPUR, BENGALURU - 560 022
REPRESENTED BY ITS MANAGING DIRECTOR
... PETITIONER
(BY SRI. SRIDHAR .G., ADVOCATE)
AND:
1. KANNADA FILM PRODUCERS
ASSOCIATION NO. 1023/138,
12
S.V TOWERS, 28TH MAIN ROAD,
5TH BLOCK, WOC ROAD,
RAJAJINAGAR, BENGALURU - 560 010
REPRESENTED BY ITS PRESIDENT
SRI. D.K. RAMAKRISHNA
2. UDAYA TV (SUN NETWORK)
M/S. SUN TV NETWOK LTD.,
AND ALL ITS SISTER CONCERNS RELATED
TO KANNADA ENTERTAINMENT,
O/A. NO.9, MARAN TOWERS,
BRUNTON ROADM CRAIG PAEK LAYOUT,
ASHOK NAGAR, BENGALURU - 560 025
REPRESENTED BY ITS MANAGING DIRECTOR
3. M/S VIACOM 18 MEDIA PVT. LTD.,
COLORS KANNADA (EARLIER ETV)
AND ALL ITS SISTERS CONCERNS
RELATED TO KANNADA ENTERTAINMENT,
O/A. JP TECHNO PARK, 3/2, 5TH FLOOR,
MILLERS RD, VASANTH NAGAR,
BENGALURU - 560 052 REPRESENTED
BY ITS MANAGING DIRECTOR.
4. ZEE TV KANNADA,
(ZEE ENTERTAINMENT CO. NETWORK),
AND ALL ITS SISTER CONCERNS
RELATED TO KANNADA ENTERTAINMENT,
O/A. NO. 39, UNITED MANSIONS, 3RD FLOOR,
MG ROAD, BENGALURU - 560 001
REPRESENTED BY ITS MANAGING DIRECTOR
5. SUVARNA TV
(ASIANET EARLIER) AND ALL
ITS SISTER CONCERNS RELATED
TO KANNADA ENTERTAINMENT,
O/A. NO. 36, SHIVANANDA CIRCLE ,
OPP. MALLIGE HOSPITAL, CRESCENT ROAD,
BENGALURU 560 001
REPRESENTED BY ITS MANAGING DIRECTOR
6. KASTHURI MEDIA PVT.LTD.,
AND ALL ITS SISTER CONCERNS
RELATED TO KANNADA ENTERTAINMENT,
13
O/A. KASTURBA ROAD, SHANTALA NAGAR,
SAMPANGIRAMANAGAR, BENGALURU - 560 001
REPRESENTED BY ITS DIRECTOR
7. SIRI KANNADA,
NO. 1031, ABOVE SIDVIN HOSPITAL,
20TH MAIN ROAD, 5TH BLOCK,
JEDARAHALLI RAJAJINAGAR,
BENGALURU - 560 010
REPRESENTED BY ITS MANAGING DIRECTOR
8. ANAND AUDIO VIDEO
MI-M10, WHITE HOUSE,
O/A. NO. 23/19, ST. MARKS ROAD,
BENGALURU - 560 001
REPRESENTED BY ITS
MANAGING DIRECTOR
9. M/S. SRI. GANESH VIDEO,
HAVING OFFICE AT NO.1,
SRI. CHAMUNDESHWARI COMPLEX,
S.P. ROAD, BENGALURU - 560 002
REPRESENTED BY ITS PROPRIETOR,
SRI. R. DEEPAK ROY
AGED ABOUT 52 YEARS
S/O. SRI. RAMCHAND
10. JIO MOVIES, RMZ ICON,
CUNNINGHAM ROAD,
BENGALURU - 560 052
REPRESENTED BY ITS EXECUTIVE DIRECTOR
11. AIRTEL EXTREAM,
M/S. BHARATHI AIRTEL LTD.,
UNITECH WORLD CYBER PARK,
SECTOR- 39, TOWER A, 4TH FLOOR,
GURGAON 122 001.
REPRESENTED BY ITS CHAIRMAN
12. M/S. TATA SKY LTD.,
O/A. UNIT 301 TO 305, 3RD FLOOR,
WINDSOR OFF, CST ROAD, KALINA,
SANTACRUZ (E), MUMBAI - 400 098
REPRESENTED BY ITS DIRECTOR
14
13. YOU TUBE LLC,
GOOGLE INDIA PVT. LTD.,
O/A. 4TH FLOOR, TOWER E, RMZ INFINITY,
NO. 3, SWAMI VIVEKANANADA RD.,
SADANANDANAGAR, BENNIGANAHALLI,
BENGALURU - 560 016 REPRESENTED BY
ITS MANAGING DIRECTOR
14. FACE BOOK INDIA,
ONE BKC, BANDRA KURLA COMPLEX,
BANDRA(E), MUMBAI - 400 051
REPRESENTED BY ITS MANAGING DIRECTOR
15. BIG FLIX,
15TH FLOOR, GRANDEUR,
VEERA DESAI EXT. ROAD,
CAPTAIN SAWANTH MARG,
NEAR COUNTRY CLUB,
ANDHERI WEST, MUMBAI - 400 053
REPRESENTED BY ITS MANAGING DIRECTOR
16. DISNEY HOTSTAR,
M/S. NOVI DIGITAL, ENTERTAINMENT
PVT. LTD., URMI ESTATE,
GANAPATRAO KADAM MARG,
RAILWAY COLONY, LOWER PAREL,
MUMBAI - 400 013 REPRESENTED
BY ITS MANAGING DIRECTOR
17. M/S. EROS NOW,
O/A. 501, SUPREME CHAMBER
BUILDING, OFF VEERA DESAI ROAD,
ANDHERI WEST, MUMBAI - 400 053
REPRESENTED BY ITS
MANAGING EXECUTIVE CHAIRMAN
18. M/S. MX PLAYER,
O/A, 2ND FLOOR, WING-A,
KANAKIA WALL STREET,
VILLAGE CHAKALA,
ANDHERI KURLA ROAD,
ANDHERI EAST, MUMBAI - 400 093.
REPRESENTED BY ITS MANAGING DIRECTOR
19. VOOT, M/S. VIACOM 18 MEDIA
PVT. LTD., O/A. ZION WIZWORLD,
15
SUBHASH ROAD-A, VILE PARLE (E),
MUMBAI - 400 057 REPRESENTED
BY ITS MANAGING DIRECTOR
20. M/S. AMAZON PRIME,
KURLA COMPLEX, BANDRA,
MUMBAI - 400 093 REPRESENTED
BY ITS MANAGING DIRECTOR
21. YUPP TV, O/A. 38-40, PLOT #3,
IONIDEA BUILDING, EPIP AREA,
BENGALURU - 560 066
REPRESENTED BY ITS DIRECTOR
22. NAMMA FLIX, O/A. NO. 24,
MY WORK AREA, BENAKA
COMPLEX, 2ND CROSS, SIRUR
PARK ROAD, SESHADRIPURAM,
BENGALURU - 560 020
REPRESENTED BY ITS MANAGING DIRECTOR
... RESPONDENTS
(BY SRI. PRADEEP NAYAK, ADVOCATE FOR KEYSTONE
PARTNERS FOR R-17
SRI. VIKRAM UNNI RAJAGOPAL, ADVOCATE FOR R5
- V/O. DTD.28/08/2020, NOTICE TO R2 TO 22 IS
DISPENSED WITH FOR THE PRESENT.)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET
ASIDE THE ORDER DATED 07.07.2020 AT ANNEXURE-A
PASSED BY THE COURT OF LVII ADDITIONAL CITY CIVIL
AND SESSIONS JUDGE, MAYO HALL UNIT, BENGALURU IN
I.A.NO.1 IN O.S.NO. 25749/2020 AND CONSEQUENTLY
DISMISS THE IA.NO.1 AT ANNEXURE-C AND ETC.,
IN W.P.NO. 9434/2020
BETWEEN:
ASIANET STAR COMMUNICATIONS PVT. LTD.
(SUVARNA TV) HAVING ITS REGISTERED
OFFICE AT URMI ESTATE, GANPATRAO
KADAM MARG, RAILWAY COLONY,
LOWER PAREL, MUMBAI - 400 013
ALSO AT NO. 36, SHIVANANDA CIRCLE,
OPP: MALLIGE HOSPITAL, CRESENT ROAD,
16
BENGALURU - 560 001. THROUGH ITS
AUTHORISED SIGNATORY MR. ANKUSH MAHAJAN.
... PETITIONER
(BY SRI. S.S. NAGANAND, SR. COUNSEL FOR
SRI. VIKRAM UNNI KRISHNAN, ADVOCATE)
AND:
1. KANNADA FILM PRODUCERS
ASSOCIATION NO. 1023/138,
S.V TOWERS, 28TH MAIN ROAD,
5TH BLOCK, WOC ROAD,
RAJAJINAGAR, BENGALURU - 560 010
REPRESENTED BY ITS PRESIDENT
SRI. D.K. RAMAKRISHNA
2. UDAYA TV (SUN NETWORK)
M/S. SUN TV NETWOK LTD.,
AND ALL ITS SISTER CONCERNS RELATED
TO KANNADA ENTERTAINMENT,
O/A. NO.9, MARAN TOWERS,
BRUNTON ROADM CRAIG PAEK LAYOUT,
ASHOK NAGAR, BENGALURU - 560 025
CORPORATE OFFICE:
MURASOLI MARAN TOWERS 72,
MRC NAGAR MAIN ROAD, MRC NAGAR,
CHENNAI - 600 028 REPRESENTED BY
R MAHESH KUMAR, MANAGING DIRECTOR
3. M/S VIACOM 18 MEDIA PRIVATE LIMITED
COLORS KANNADA (EARLIER ETV)
AND ALL ITS SISTERS CONCERNS
RELATED TO KANNADA ENTERTAINMENT,
O/A. JP TECHNO PARK, 3/2, 5TH FLOOR,
MILLERS RD, VASANTH NAGAR,
BENGALURU - 560 052 REPRESENTED
BY SUDHANSHU VATS, MANAGING DIRECTOR
4. ZEE TV KANNADA,
(ZEE ENTERTAINMENT CO. NETWORK),
AND ALL ITS SISTER CONCERNS
RELATED TO KANNADA ENTERTAINMENT,
REGIONAL OFFICE NO. 39, UNITED MANSIONS
3RD FLOOR, M.G. ROAD, BENGALURU - 560 001
CORPORATE AND REGISTERED OFFICE
18TH FLORR, A - WING, MARATHON FUTUREX,
LOWER PAREL, MUMBAI, REPRESENTED BY
SUBHASH CHANDRA, CHAIRMAN
17
5. KASTHURI MEDIA PVT.LTD
AND ALL ITS SISTERS CONCERNS
RELATED TO KANNADA ENTERTAINMENT
ADDRESS: KASTURBA RD,
SHANTHALA NAGAR, SAMPANGIRAMA NAGAR,
BENGALURU, KARNATAKA 560001
REPRESENTED BY ANITHA KUMARASWAMY,
DIRECTOR.
6. PUBLIC MOVIES,
PUBLIC TV WRITEMEN MEDIA
PVT. LTD., AND ALL ITS SISTER
CONCERNS RELATED TO KANNADA
ENTERTAINMENT, 4TH FLOOR,
TTMC-BMTC BUILDING, YESHWANTPUR CIRCLE,
YESHWANTHPUR, BENGALURU - 560 022
REPRESENTED BY HR RANGANATH
CHAIRMAN AND MANAGING DIRECTOR
7. PUBLIC MOVIES
PUBLIC TV WRITEMEN MEDIA PVT. LTD.
AND ALL ITS SISTER CONCERNS
RELATED TO KANNADA ENTERTAINMENT,
4TH FLOOR, TTMC-BMTC BUILDING,
YESHWANTHPUR CIRCLE, YESHWANTHPUR,
BENGALURU - 560 022 REPRESENTED BY
HR RANGANATH CHAIRMAN AND
MANAGING DIRECTOR
8. SIRI KANNADA,
NO. 1031, ABOVE SIDVIN HOSPITAL,
20TH MAIN ROAD, 5TH BLOCK,
JEDARAHALLI RAJAJINAGAR,
BENGALURU - 560 010
REPRESENTED BY ITS MANAGING
DIRECTOR/CHAIRMAN
9. ANAND AUDIO VIDEO
MI-M10, WHITE HOUSE,
NO. 23/19, ST. MARKS ROAD,
BENGALURU - 560 001
REPRESENTED BY ITS
MANAGING DIRECTOR/ CHAIRMAN
18
10. M/S. SRI. GANESH VIDEO,
NO.1, SRI. CHAMUNDESHWARI COMPLEX,
S.P. ROAD, BENGALURU - 560 002
REPRESENTED BY ITS MANAGING
DIRECTOR/CHAIRMAN
11. JIO MOVIES, RMZ ICON,
CUNNINGHAM ROAD,
BENGALURU - 560 052
REPRESENTED BY HITAL R. MESWANI.
EXECUTIVE DIRECTOR
12. AIRTEL EXTREAM,
M/S. BHARATHI AIRTEL LIMITED
UNITECH WORLD CYBER PARK,
SECTOR- 39, TOWER A, 4TH FLOOR,
GURGAON 122 001, HARYANA DELHI AND NCR.
BENGALURU OFFICE NO. 2 A, 1ST FLOOR,
PRESTIGE TECHNOLOGY PARK,
JUPITER BLOCK, MARATHAHALLI OUTER
RING ROAD, KADUBEESANAHALLI,
BELLANDUR, BANGALORE - 560 103
REPRESENTED BY MR. SUNIL
BHARTI MITTAL, CHAIRMAN
13. M/S. TATA SKY LTD.,
UNIT 301 TO 305, 3RD FLOOR,
WINDSOR OFF, CST ROAD, KALINA,
SANTACRUZ (E), MUMBAI - 400 098
REPRESENTED BY BHARATH VASANI, DIRECTOR
14. YOU TUBE LLC,
GOOGLE INDIA PRIVATE LIMITED
4TH FLOOR, TOWER E, RMZ INFINITY,
NO. 3, SWAMI VIVEKANANADA RD.,
SADANANDANAGAR, BENNIGANA HALLI,
BENGALURU - 560 016 REPRESENTED BY
ITS MANAGING DIRECTOR/CHAIRMAN
15. FACE BOOK INDIA,
ONE BKC, BANDRA KURLA COMPLEX,
BANDRA(E), MUMBAI, INDIA 400 051
FACE BOOK HYDERABAD OFFICE BUILDING
NO. 20, RAHEJA MIND SPACE, K. RAHEJA I.T.
PARK, HITECH CITY ROAD, VITTAL RAO NAGAR,
HITEC CITY HYDERABAD, TELANGANA 500 081
19
REPRESENTED BY ITS MANAGING
DIRECTOR/CHAIRMAN
16. BIG FLIX,
15TH FLOOR, GRANDEUR,
VEERA DESAI EXT. ROAD,
CAPTAIN SAWANTH MARG,
NEAR COUNTRY CLUB,
ANDHERI WEST, MUMBAI - 400 053
REPRESENTED BY ITS MANAGING
DIRECTOR/CHAIRMAN
17. DISNEY HOTSTAR,
M/S. NOVI DIGITAL, ENTERTAINMENT
PRIVATE LIMITED URMI ESTATE,
GANAPATRAO KADAM MARG,
RAILWAY COLONY, LOWER PAREL,
MUMBAI - 400 013 REPRESENTED
BY UDAY SHANKAR, PRESIDENT
18. M/S. EROS NOW,
501, SUPREME CHAMBER BUILDING,
OFF VEERA DESAI RD, ANDHERI WEST,
MUMBAI - 400 053 REPRESENTED BY
KISHORE LULLA, EXECUTIVE CHAIRMAN
19. M/S. MX PLAYER,
MX. PLAYER, "2ND FLOOR, WING-A,
KANAKIA WALL STREET, VILLAGE
CHAKALA, ANDHERI KURLA ROAD,
ANDHERI EAST, MUMBAI - 400 093.
REPRESENTED BY: MAHENDRA SONI DIRECTORS
20. VOOT, M/S. VIACOM 18 MEDIA
PRIVATE LIMITED ZION BIZWORLD,
SUBHASH ROAD-A, VILE PARLE (EAST),
MUMBAI - 400 057. MAHARASHTRA.
REPRESENTED BY: RAHUL JOSHI.
MANAGING DIRECTOR.
21. M/S. AMAZON PRIME,
KURLA COMPLEX, BANDRA,
MUMBAI MAHARASHTRA. REPRESENTED
BY ITS MANAGING DIRECTOR/CHAIRMAN
20
22. YUPP TV, 38-40, PLOT #3,
IONIDEA BUILDING, EPIP AREA,
BENGALURU - 560 066
REPRESENTED BY RAJESH KAMAT, DIRECTOR
23. NAMMA FLIX, NO. 24,
MY WORK AREA, BENAKA
COMPLEX, 2ND CROSS, SIRUR
PARK ROAD, SESHADRIPURAM,
BENGALURU - 560 020
REPRESENTED BY ITS MANAGING
DIRECTOR/CHAIRMAN ... RESPONDENTS
(BY SRI. PRADEEP NAYAK, ADVOCATE FOR KEYSTONE
PARTNERS FOR R-18 V/O DT: 28/8/2020, NOTICE TO
R-2 TO 23 IS DISPENSED WITH FOR R-1 SERVED AND
UNREPRESENTED)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
IMPUGNED ORDER DATED JULY 7, 2020 PASSED BY THE
LEARNED LVII ADDITIONAL CITY CIVIL AND SESSIONS
JUDGE, MAYO HALL AND FTC, MAYO HALL (CCH-58),
BENGALURU ANNEXED AS ANNEXURE-A ON THE
APPLICATION UNDER ORDER 39 RULE 1 CPC IN I.A. NO.1 IN
O.S. NO. 25749/20 AND CONSEQUENTLY DISMISS IA NO.1
(ANNEXED AS ANNEXURE-F) AND ETC.,
IN W.P.NO. 9441/2020
BETWEEN:
ASIANET STAR COMMUNICATIONS PVT. LTD.
(STAR SUVARNA KANNADA CHANNEL)
HAVING ITS REGISTERED OFFICE AT
URMI ESTATE, GANPATRAO KADAM MARG,
RAILWAY COLONY, LOWER PAREL,
MUMBAI- 400013, ALSO AT STAR INDIA
PVT. LTD., LAKE VIEW BUILDING,
BAGMANE TECH PARK, A BLOCK,
7TH FLOOR, C V RAMAN NAGAR,
BENGALURU- 560 093. THROUGH ITS
AUTHORISED SIGNATORY MR. ANKUSH MAHAJAN.
... PETITIONER
(BY SRI. S.S. NAGANAND, SENIOR. COUNSEL FOR
SRI. VIKRAM UNNI RAJAGOPAL, ADVOCATE)
21
AND:
1. KANNADA FILM PRODUCERS
ASSOCIATION HAVING ITS REGISTERED
OFFICE AT NO. 1023/138,
S.V TOWERS, 28TH MAIN ROAD,
5TH BLOCK, WOC ROAD,
RAJAJINAGAR, BENGALURU - 560 010
THROUGH ITS PRESIDENT MR. D.K. RAMAKRISHNA
2. M/S. VIACOM 18 MEDIA PRIVATE LIMITED.,
COLORS KANNADA (EARLIER ETV)
AND ALL ITS SISTER CONCERNS
RELATED TO KANNADA ENTERTAINMENT,
ADDRESS JP TECHNO PARK. 3/2, 5TH FLOOR,
MILLERS RD, VASANTH NAGAR,
BENGALURU - 560 052
REPRESENTED BY SUDHANSHU VATS,
MANAGING DIRECTOR.
3. ZEE TV KANNADA,
(ZEE ENTERTAINMENT CO. NETWORK),
AND ALL ITS SISTER CONCERNS
RELATED TO KANNADA ENTERTAINMENT,
REGIONAL OFFICE NO. 39, UNITED MANSIONS,
3RD FLOOR, MG ROAD, BENGALURU - 560 001
CORPORATE AND REGISTERED OFFICE
18TH FLOOR, A- WING, MARATHON FUTUREX,
LOWER PAREL, MUMBAIN REPRESENTED BY
SUBHASH CHANDRA, CHAIRMAN
4. SUVARNA TV
(ASIANET EARLIER) AND ALL
ITS SISTER CONCERNS RELATED
TO KANNADA ENTERTAINMENT,
REGIONAL OFFICE NO. 36, SHIVANANDA CIRCLE ,
OPP. MALLIGE HOSPITAL, CRESCENT ROAD,
BENGALURU 560 001 REPRESENTED BY ITS
MANAGING DIRECTOR/CHAIRMAN
5. KASTHURI MEDIA PVT.LTD.,
AND ALL ITS SISTER CONCERNS
RELATED TO KANNADA ENTERTAINMENT,
ADDRESS: KASTURBA ROAD, SHANTALA NAGAR,
SAMPANGIRAMANAGAR, BENGALURU
22
KARNATAKA 560 001 REPRESENTED BY ANITHA
KUMARSWAMY, DIRECTOR
6. PUBLIC MOVIES,
PUBLIC TV WRITEMEN MEDIA
PVT. LTD., AND ALL ITS SISTER
CONCERNS RELATED TO KANNADA
ENTERTAINMENT, 4TH FLOOR,
TTMC-BMTC BUILDING, YESHWANTPUR CIRCLE,
YESHWANTHPUR, BENGALURU - 560 022
REPRESENTED BY H R RANGANATH
CHAIRMAN AND MANAGING DIRECTOR
7. PUBLIC TV / PUBLIC MOVIES,
M/S. WRITEMEN MEDIA PRIVATE LIMITED
AND ALL ITS SISTER CONCERNS
RELATED TO KANNADA ENTERTAINMENT,
4TH FLOOR, TTMC, BMTC BUILDING, YESHWANTHPUR
CIRCLE, YESHWANTHPUR, BENGALURU - 560 022
REPRESENTED BY H R RANGANATH
CHAIRMAN AND MANAGING DIRECTOR
8. SIRI KANNADA, NO. 1031, ABOVE
SIDVIN HOSPITAL, 20TH MAIN ROAD,
5TH BLOCK, JEDARAHALLI RAJAJINAGAR,
BENGALURU - 560 010
REPRESENTED BY ITS MANAGING
DIRECTOR/CHAIRMAN
9. JIO MOVIES, RMZ ICON,
CUNNINGHAM ROAD,
BENGALURU - 560 052
REPRESENTED BY HITAL R. MESWANI.
EXECUTIVE DIRECTOR.
10. AIRTEL EXTREAM,
M/S. BHARATHI AIRTEL LIMITED
UNITECH WORLD CYBER PARK,
SECTOR- 39, TOWER A, 4TH FLOOR,
GURGAON 122 001, HARYANA DELHI AND NCR.
BENGALURU OFFICE NO. 2 A, 1ST FLOOR,
PRESTIGE TECHNOLOGY PARK, JUPITER BLOCK,
MARATHAHALLI OUTER RING ROAD,
KADUBEESANAHALLI, BELLANDUR,
BENGALORE - 560 103
REPRESENTED BY MR. SUNIL BHARTI MITTAL,
CHAIRMAN
23
11. M/S. TATA SKY LTD.,
UNIT 301 TO 305, 3RD FLOOR,
WINDSOR OFF, C.S.T ROAD, KALINA,
SANTACRUZ (EAST), MUMBAI 400 098
REPRESENTED BY BHARATH VASANI, DIRECTOR
12. YOU TUBE LLC,
GOOGLE INDIA PVT. LTD.,
4TH FLOOR, TOWER E, RMZ INFINITY,
NO. 3, SWAMI VIVEKANANADA RD.,
SADANANDANAGAR, BENNIGANAHALLI,
BENGALURU - 560 016 REPRESENTED BY
ITS MANAGING DIRECTOR/CHAIRMAN
13. FACE BOOK INDIA,
ONE BKC, BANDRA KURLA COMPLEX,
BANDRA(E), MUMBAI, INDIA 400 051.
FACEBOOK HYDERABAD OFFICE BUILDING
NO. 20, RAHEJA MINDSPACE, K. RAHEJA
I.T. PARK, HITECH CITY ROAD, VITTALRAO
NAGAR, HITEC CITY, HYDERABAD,
TELANGANA 500 081 REPRESENTED BY
ITS MANAGING DIRECTOR/CHAIRMAN
14. BIG FLIX, 15TH FLOOR, GRANDEUR,
VEERA DESAI EXT. ROAD,
CAPTAIN SAWANTH MARG,
NEAR COUNTRY CLUB,
ANDHERI WEST, MUMBAI 400 053
REPRESENTED BY ITS MANAGING
DIRECTOR/CHAIRMAN
15. DISNEY HOTSTAR,
M/S. NOVI DIGITAL, ENTERTAINMENT
PRIVATE LIMITED URMI ESTATE,
GANAPATRAO KADAM MARG,
RAILWAY COLONY, LOWER PAREL,
MUMBAI, MAHARASHTRA 400 013
REPRESENTED BY UDAY SHANKAR, PRESIDENT
16. M/S. EROS NOW, 501, SUPREME CHAMBER
BUILDING, OFF VEERA DESAI ROAD,
ANDHERI WEST, MUMBAI - 400 053
REPRESENTED BY KISHORE LULLA.
EXECUTIVE CHAIRMAN
24
17. M/S. MX PLAYER, MX PLAYER.
2ND FLOOR, WING-A, KANAKIA
WALL STREET, VILLAGE CHAKALA,
ANDHERI KURLA ROAD,
ANDHERI EAST, MUMBAI - 400 093.
REPRESENTED BY: MAHENDRA SONI, DIRECTOR
18. VOOT, M/S. VIACOM 18 MEDIA
PRIVATE LIMITED ZION BIZWORLD,
SUBHASH ROAD-A, VILE PARLE (EAST),
MUMBAI - 400 057, MAHARASHTRA.
REPRESENTED BY: RAHUL JOSHI.
MANAGING DIRECTOR
19. M/S. AMAZON PRIME,
KURLA COMPLEX, BANDRA,
MUMBAI, MAHARASHTRA.
REPRESENTED BY ITS MANAGING
DIRECTOR/CHAIRMAN
20. YUPP TV, 8-2-293/82/A/773
ROAD NO. 44, JUBILEE HILLS,
HYDERABAD - 500 033
21. NAMMA FLIX, NO. 24,
MY WORK AREA, BENAKA
COMPLEX, 2ND CROSS, SIRUR
PARK ROAD, SESHADRIPURAM,
BANGALORE - 560 020
REPRESENTED BY ITS MANAGING
DIRECTOR/CHAIRMAN
22. SUN NEXT, NO.9, MARAN TOWERS,
BRUNTON ROAD, CRAIG PARK LAYOUT,
ASHOK NAGAR, BENGALURU, KARNATAKA
560 025 REPRESENTED BY ITS MANAGING
DIRECTOR/CHAIRMAN
23. ZEE 5, KANNADA ENTERTAINMENT,
REGIONAL OFFICE, NO. 39,
UNITED MANSIONS, 3RD FLOOR,
M.G. ROAD, BANGALORE - 560 001
REPRESENTED BY ITS MANAGING
DIRECTOR/CHAIRMAN
25
24. RAJ MUSIC KANNADA
RAJ KANNADA MUSIC CHANNEL,
FLAT NO. 16/1, KKMP, MILLERS TANK
BUND ROAD, VASANTHNAGAR,
BANGALORE - 560 052 REPRESENTED
BY ITS MANAGING DIRECTOR/CHAIRMAN
25. LAHARI RECORDING COMPANY
PVT. LTD., 5TH FLOOR, BMTC
BUILDING, YESHWANTHPURA,
BENGALURU - 560 022
REPRESENTED BY ITS MANAGING
DIRECTOR/CHARIMAN
26. PUBLIC MUSIC, 4TH FLOOR,
TTMC-BMTC BUILDING,
YESHWANTHPUR CIRCLE, YESHWANTHPUR,
BENGALURU - 560 022 REPRESENTED BY
H R RANGANATH CHAIRMAN AND
MANAGING DIRECTOR
27. HOTSTAR, STAR INDIA PVT. LTD.,
NO.66, LAKE VIEW BUILDING,
BAGMANE TECHPARK, A BLOCK
7TH FLOOR, C V RAMAN NAGAR,
BANGALORE - 560 093 REPRESENTED BY
ITS MANAGING DIRECTOR/CHAIRMAN
28. SHEMAROO ENTERTAIN PVT. LTD.,
SHEMAROO HOUSE, FLAT NO. 18,
MAROLCO-OP- INDUSTRIAL ESTATE,
OFF ANDHERI KURLA ROAD, ANDHERI EAST,
MUMBAI 400 059 REPRESENTED BY ITS
MANAGING DIRECTOR/CHAIRMAN
29. JHANKAR MUSIC FLAT NO. 53/A,
GROUND FLOOR, KHADI COMMISSION HBCS,
VIVEKANANDA NAGAR, KATRIGUPPE MAIN ROAD,
BANGALORE - 560 085 REPRESENTED BY
ITS MANAGING DIRECTOR/CHAIRMAN
30. TELEGRAM 23RD FLOOR,
BUSINESS CENTRAL TOWERS,
TOWER A, 10003-1004, DUBAI
MEDIA CITY, DUBAI- 501 919 ... RESPONDENTS
26
(BY SRI. PRADEEP NAYAK, ADVOCATE FOR M/S. KEYSTONE
PARTNERS FOR R-16 (VK FILED) - V/O DT: 28/8/2020,
NOTICE TO R-2 TO 30 IS DISPENSED WITH FOR THE
PRESENT R-1 SERVED BUT UNREPRESENTED)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
IMPUGNED ORDER DATED AUGUST 5, 2020 PASSED BY THE
LEARNED LVII ADDITIONAL CITY CIVIL AND SESSIONS
JUDGE, MAYO HALL AND FTC, MAYO HALL (CCH-58),
BENGALURU ANNEXED AS ANNEXURE-A ON THE
APPLICATION UNDER ORDER 39 RULE 1 CPC IN I.A. NO.1 IN
O.S. NO. 25863/2020 AND CONSEQUENTLY DISMISS I.A.
NO.1 (ANNEXED AS ANNEXURE-F) AND ETC.,
W.P.NO. 9447/2020
BETWEEN:
JHANKAR MUSIC
NO. 53/B, GROUND FLOOR,
KHADHI COMMISSION HBCS,
VIVEKANANDANAGAR, KATTARIGUPPE
MAIN ROAD BANGALORE - 560 085
ACTING THROUGH MARS INC ... PETITIONER
(BY SRI. TARUN SURANA, ADVOCATE)
AND:
KANNADA FILM PRODUCERS ASSOCIATION
1023/138, S.V TOWERS,
28TH MAIN ROAD, 5TH BLOCK,
WEST CHORD ROAD, RAJAJINAGAR,
BENGALURU - 560 010 ... RESPONDENT
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH/SET ASIDE THE ORDER DATED 05.08.2020 PASSED
BY THE LVII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE,
MAYO HALL UNIT, BENGALURU IN I.A.NO.1 IN
O.S.NO.25863/2020 (ANNEXURE-A) AND ETC.,
27
IN W.P.NO. 9476/2020
BETWEEN:
M/S. SRI. GANESH VIDEO,
HAVING OFFICE AT NO.1,
SRI CHAMUNDESHWARI
COMPLEX, S.P. ROAD,
BENGALURU - 560 002
REPRESENTED BY ITS PROPRIETOR,
SRI. R. DEEPAK ROY
AGED ABOUT 52 YEARS
S/O. SRI. RAMCHAND ... PETITIONER
(BY SRI. SANDEEP LAHIRI, ADVOCATE)
AND:
1. KANNADA FILM PRODUCERS ASSOCIATION
NO. 1023/138, S.V. TOWERS,
28TH MAIN ROAD, 5TH BLOCK,
WOC ROAD, RAJAJINAGAR,
BENGALURU - 560 010
REPRESENTED BY ITS PRESIDENT
SRI. D.K RAMAKRISHNA
2. UDAYA TV (SUN NETWORK)
M/S. SUN TV NETWORK LTD.,
AND ALL ITS SISTER CONCERNS
RELATED TO KANNADA ENTERTAINMENT
O/A. NO.9, MARAN TOWERS,
BRUNTON ROAD CRAIG PAEK
LAYOUT, ASHOK NAGAR,
BENGALURU - 560 025 REPRESENTED
BY ITS MANAGING DIRECTOR
3. M/S. VIACOM 18 MEDIA PVT. LTD.,
COLORS KANNADA (EARLIER ETV)
AND ALL ITS SISTER CONCERNS
RELATED TO KANNADA ENTERTAINMENT
O/A. JP TECHNO PARK, 3/2, 5TH FLOOR,
MILLERS RD, VASANTH NAGAR,
BENGALURU - 560 052
REPRESENTED BY ITS MANAGING DIRECTOR
28
4. ZEE TV KANNADA
(ZEE ENTERTAINMENT CO. NETWORK),
AND ALL SISTER CONCERNS RELATED
TO KANNADA ENTERTAINMENT,
O/A. NO.39, UNITED MANSIONS,
3RD FLOOR, MG ROAD, BENGALURU - 560 001
REPRESENTED BY ITS MANAGING DIRECTOR
5. SUVARNA TV (ASIANET EARLIER)
AND ALL SISTER CONCERNS
RELATED TO KANNADA ENTERTAINMENT,
O/A. NO.36, SHIVANANDA CIRCLE.
OPP. MALLIGE HOSPITAL, CRESCENT ROAD,
BENGALURU - 560 001 REPRESENTED
BY ITS MANAGING DIRECTOR
6. KASTHURI MEDIA PVT. LTD.,
AND ALL SISTER CONCERNS
RELATED TO KANNADA ENTERTAINMENT
O/A. KASTURBA ROAD, SHANTALA NAGAR,
SAMPANGIRAMANAGAR,
BENGALURU - 560 001
REPRESENTED BY ITS DIRECTOR
7. PUBLIC MOVIES,
PUBLIC TV WRITERMEN MEDIA PVT. LTD.,
AND ALL SISTER CONCERNS
RELATED TO KANNADA ENTERTAINMENT,
O/A. 4TH FLOOR, TTMC-BMTC BUILDING,
YESHWANTPUR CIRCLE, YESHWANTHPUR,
BENGALURU - 560 022 REPRESENTED BY
ITS MANAGING DIRECTOR
8. PUBLIC TV /PUBLIC MOVIES
AND ALL SISTER CONCERNS
RELATED TO KANNADA ENTERTAINMENT,
O/A. 4TH FLOOR, TTMC-BMTC BUILDING.
YESHWANTPUR CIRCLE, YESHWANTHPUR,
BENGALURU - 560 022 REPRESENTED BY
ITS MANAGING DIRECTOR
9. SIRI KANNADA, NO. 1031,
ABOVE SIDVIN HOSPITAL,
20TH MAIN ROAD, 5TH BLOCK,
JEDARAHALLI, RAJAJI NAGAR,
BENGALURU - 560 010 REPRESENTED
BY ITS MANAGING DIRECTOR
29
10. ANAND AUDIO VIDEO
MI-M10, WHITE HOUSE,
O/A. NO.23/29, ST. MARKS ROAD,
BENGALURU - 560 001
REPRESENTED BY ITS MANAGING DIRECTOR
11. JIO MOVIES,
RMZ ICON, CUNNINGHAM ROAD,
BENGALURU - 560 052
REPRESENTED BY ITS EXECUTIVE DIRECTOR
12. AIRTEL EXTREAM,
M/S. BHARATHI AIRTEL LTD.,
UNITECH WORLD CYBER PARK,
SECTOR-39, TOWER A,
4TH FLOOR, GURGAON 122 001.
REPRESENTED BY ITS CHAIRMAN
13. M/S. TATA SKY LTD.,
O/A. UNIT 301 TO 305, 3RD FLOOR,
WINDSOR OFF, CST ROAD,
KALINA, SANTACRUZ (E), MUMBAI - 400 098
REPRESENTED BY ITS DIRECTOR
14. YOU TUBE LLC,
GOOGLE INDIA PVT. LTD.,
O/A. 4TH FLOOR, TOWER E,
RMZ INFINITY, NO.3, SWAMI
VIVEKANANDA RD, SADANANDANAGAR,
BENNIGANAHALLI, BENGALURU - 560 016
REPRESENTED BY ITS MANAGING DIRECTOR
15. FACE BOOK INDIA,
ONE BKC. BANDRA KURLA
COMPLEX, BANDRA (E),
MUMBAI - 400 051 REPRESENTED
BY ITS MANAGING DIRECTOR
16. BIG FLIX, 15TH FLOOR,
GRANDEUR, VEERA DESAI EXT.
ROAD, CAPTAIN SAWANT MARG,
NEAR COUNTRY CLUB, ANDHERI
WEST, MUMBAI - 400 053
REPRESENTED BY ITS MANAGING DIRECTOR
17. DISNEY HOTSTAR,
M/S. NOVI DIGITAL ENTERTAINMENT
30
PVT. LTD., URMI ESTATE, GANAPATRAO
KADAM MARG, RAILWAY COLONEY,
LOWER PAREL, MUMBAI - 400 013
REPRESENTED BY ITS MANAGING DIRECTOR
18. M/S. EROS NOW,
O/A. 501, SUPREME CHAMBER
BUILDING, OFF VEERA DESAI ROAD,
ANDHERI WEST, MUMBAI - 400 053
REPRESENTED BY ITS
MANAGING EXECUTIVE CHAIRMAN
19. M/S. MX PLAYER,
O/A. 2ND FLOOR, WING-A,
KANAKIA WALL STREET, VILLAGE
CHAKALA, ANDHERI KURLA ROAD,
ANDHERI EAST, MUMBAI - 400 093
REPRESENTED BY ITS MANAGING DIRECTOR
20. VOOT, M/S. VIACOM 18 MEDIA PVT.
LTD., O/A. ZION WIZWORLD,
SUBHASH ROAD-A, VILE PARLE (E)
MUMBAI - 400 057
REPRESENTED BY ITS MANAGING DIRECTOR
21. M/S AMAZON PRIME,
KURLA COMPLEX. BANDRA
MUMBAI - 400 093
REPRESENTED BY ITS MANAGING DIRECTOR
22. YUPP TV,
O/A. 38-40, PLOT #3,
IONIDEA BUILDING, EPIP AREA,
BENGALURU - 560 066
REPRESENTED BY ITS DIRECTOR
23. NAMMA FLIX
O/A. NO.24, MY WORK AREA,
BENAKA COMPLEX, 2ND CROSS,
SIRUR PARK ROAD, SESHADRIPURAM,
BENGALURU - 560 020
REPRESENTED BY ITS MANAGING DIRECTOR
...RESPONDENTS
(BY SRI PRADEEP NAYAK, ADVOCATE
FOR KEY STORE PARTNERS FOR R-18)
31
THIS WRIT PETITION IS FILED UNDER ARTICLE 227
OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE
DIRECTION SETTING ASIDE THE IMPUGNED ORDER DATED
07.07.2020 AT ANNEXURE-A, PASSED BY THE COURT OF
LVII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, MAYO
HALL UNIT, BENGALURU (CCH-58) IN I.A. No.25749/2020
AND CONSEQUENTLY DISMISS THE IA No.1 AT ANNEXURE-C
AND ETC.,
IN W.P.NO. 9480/2020
BETWEEN:
ANAND AUDIO VIDEO
MI-M10, WHITE HOUSE,
O/A. NO.23/29, ST. MARKS ROAD
BENGALURU - 560 001
REPRESENTED BY ITS MANAGING DIRECTOR
... PETITIONER
(BY SRI. HALASHETTI JAGADISH - SIDRAMAPPA, ADVOCATE)
AND:
1. KANNADA FILM PRODUCERS ASSOCIATION
NO. 1023/138, S.V. TOWERS,
28TH MAIN ROAD, 5TH BLOCK,
WOC ROAD, RAJAJINAGAR,
BENGALURU - 560 010
REPRESENTED BY ITS PRESIDENT
SRI. D.K RAMAKRISHNA
2. UDAYA TV (SUN NETWORK)
M/S. SUN TV NETWORK LTD.,
AND ALL ITS SISTER CONCERNS
RELATED TO KANNADA ENTERTAINMENT,
O/A. NO.9, MARAN TOWERS,
BRUNTON ROAD CRAIG PAEK
LAYOUT, ASHOK NAGAR,
BENGALURU - 560 025
REPRESENTED BY ITS MANAGING DIRECTOR
3. M/S. VIACOM 18 MEDIA PVT. LTD.,
COLORS KANNADA (EARLIER ETV)
AND ALL ITS SISTER CONCERNS
RELATED TO KANNADA ENTERTAINMENT
O/A. JP TECHNO PARK, 3/2, 5TH FLOOR,
32
MILLERS RD, VASANTH NAGAR,
BENGALURU - 560 052
REPRESENTED BY ITS MANAGING DIRECTOR
4. ZEE TV KANNADA,
(ZEE ENTERTAINMENT CO. NETWORK),
AND ALL SISTER CONCERNS RELATED
TO KANNADA ENTERTAINMENT,
O/A. NO.39, UNITED MANSIONS,
3RD FLOOR, MG ROAD, BENGALURU - 560 001
REPRESENTED BY ITS MANAGING DIRECTOR
5. SUVARNA TV (ASIANET EARLIER)
AND ALL SISTER CONCERNS
RELATED TO KANNADA ENTERTAINMENT,
O/A. NO.36, SHIVANANDA CIRCLE,
OPP. MALLIGE HOSPITAL, CRESCENT ROAD,
BENGALURU - 560 001 REPRESENTED
BY ITS MANAGING DIRECTOR
6. KASTHURI MEDIA PVT. LTD.,
AND ALL SISTER CONCERNS
RELATED TO KANNADA ENTERTAINMENT
O/A. KASTURBA ROAD, SHANTALA NAGAR,
SAMPANGIRAMANAGAR,
BENGALURU - 560 001
REPRESENTED BY ITS DIRECTOR
7. PUBLIC MOVIES,
PUBLIC TV WRITERMEN MEDIA PVT. LTD.,
AND ALL SISTER CONCERNS
RELATED TO KANNADA ENTERTAINMENT,
O/A. 4TH FLOOR, TTMC-BMTC BUILDING,
YESHWANTPUR CIRCLE, YESHWANTHPUR,
BENGALURU - 560 022 REPRESENTED BY
ITS MANAGING DIRECTOR
8. PUBLIC TV /PUBLIC MOVIES
AND ALL SISTER CONCERNS
RELATED TO KANNADA ENTERTAINMENT,
O/A. 4TH FLOOR, TTMC-BMTC BUILDING,
YESHWANTPUR CIRCLE, YESHWANTHPUR,
BENGALURU - 560 022 REPRESENTED BY
ITS MANAGING DIRECTOR
9. SIRI KANNADA, NO. 1031,
ABOVE SIDVIN HOSPITAL,
33
20TH MAIN ROAD, 5TH BLOCK,
JEDARAHALLI, RAJAJI NAGAR,
BENGALURU - 560 010 REPRESENTED
BY ITS MANAGING DIRECTOR
10. M/S. SRI. GANESH VIDEO,
HAVING OFFICE AT NO.1,
SRI.CHAMUNDESHWARI COMPLEX,
S.P. ROAD, BENGALURU - 560 002
REPRESENTED BY ITS PROPRIETOR,
SRI. R. DEEPAK ROY
AGED ABOUT 52 YEARS
S/O. SRI. RAMCHAND
11. JIO MOVIES, RMZ ICON,
CUNNINGHAM ROAD,
BENGALURU - 560 052
REPRESENTED BY ITS EXECUTIVE DIRECTOR
12. AIRTEL EXTREAM,
M/S. BHARATHI AIRTEL LTD.,
UNITECH WORLD CYBER PARK,
SECTOR-39, TOWER A,
4TH FLOOR, GURGAON 122 001.
REPRESENTED BY ITS CHAIRMAN
13. M/S. TATA SKY LTD.,
O/A. UNIT 301 TO 305, 3RD FLOOR,
WINDSOR OFF, CST ROAD,
KALINA, SANTACRUZ (E), MUMBAI - 400 098
REPRESENTED BY ITS DIRECTOR
14. YOU TUBE LLC,
GOOGLE INDIA PVT. LTD.,
O/A. 4TH FLOOR, TOWER E,
RMZ INFINITY, NO.3, SWAMI
VIVEKANANDA RD, SADANANDANAGAR,
BENNIGANAHALLI, BENGALURU - 560 016
REPRESENTED BY ITS MANAGING DIRECTOR
15. FACE BOOK INDIA,
ONE BKC. BANDRA KURLA
COMPLEX, BANDRA (E),
MUMBAI - 400 051 REPRESENTED
BY ITS MANAGING DIRECTOR
34
16. BIG FLIX, 15TH FLOOR,
GRANDEUR, VEERA DESAI EXT.
ROAD, CAPTAIN SAWANT MARG,
NEAR COUNTRY CLUB, ANDHERI
WEST, MUMBAI - 400 053
REPRESENTED BY ITS MANAGING DIRECTOR
17. DISNEY HOTSTAR,
M/S. NOVI DIGITAL ENTERTAINMENT
PVT. LTD., URMI ESTATE, GANAPATRAO
KADAM MARG, RAILWAY COLONEY,
LOWER PAREL, MUMBAI - 400 013
REPRESENTED BY ITS MANAGING DIRECTOR
18. M/S. EROS NOW,
O/A. 501, SUPREME CHAMBER
BUILDING, OFF VEERA DESAI ROAD,
ANDHERI WEST, MUMBAI - 400 053
REPRESENTED BY ITS
MANAGING EXECUTIVE CHAIRMAN
19. M/S. MX PLAYER, O/A. 2ND FLOOR,
WING-A, KANAKIA WALL STREET,
VILLAGE CHAKALA, ANDHERI KURLA ROAD,
ANDHERI EAST, MUMBAI - 400 093
REPRESENTED BY ITS MANAGING DIRECTOR
20. VOOT, M/S. VIACOM 18 MEDIA PVT.
LTD., O/A. ZION WIZWORLD,
SUBHASH ROAD-A, VILE PARLE (E)
MUMBAI - 400 057
REPRESENTED BY ITS MANAGING DIRECTOR
21. M/S AMAZON PRIME,
KURLA COMPLEX. BANDRA
MUMBAI - 400 093
REPRESENTED BY ITS MANAGING DIRECTOR
22. YUPP TV,
O/A. 38-40, PLOT #3,
IONIDEA BUILDING, EPIP AREA,
BENGALURU - 560 066
REPRESENTED BY ITS DIRECTOR
23. NAMMA FLIX
O/A. NO.24, MY WORK AREA,
BENAKA COMPLEX, 2ND CROSS,
35
SIRUR PARK ROAD, SESHADRIPURAM,
BENGALURU - 560 020
REPRESENTED BY ITS MANAGING DIRECTOR
...RESPONDENTS
(BY SRI PRADEEP NAYAK, ADVOCATE
FOR M/S. KEY STORE PARTNERS ADVOCATE FOR R-18.
-V/O. DTD. 21/9/2020, NOTICE TO R2 TO R23 IS
DISPENSED WITH)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227
OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE
THE IMPUGNED ORDER DATED 07.07.2020 AT
ANNEXURE-A, PASSED BY THE COURT OF LVII ADDITIONAL
CITY CIVIL AND SESSIONS JUDGE, MAYO HALL UNIT,
BENGALURU (CCH-58) IN IA NO.1 IN O.S.NO.25749/2020
AND CONSEQUENTLY DISMISS THE IA NO.1 AT
ANNEXURE-C AND ETC.,
THESE WRIT PETITIONS ARE COMING ON FOR
ORDERS THROUGH VIDEO CONFERENCE, THIS DAY, THE
COURT MADE THE FOLLOWING:-
ORDER
In W.P. No.9387/2020 petitioner has assailed ad interim order passed by the Court of LVII Additional City Civil and Sessions Judge, Mayo Hall Unit, Bengaluru on I.A. No.1 in O.S. No.25863/2020 dated 05.08.2020 at Annexure-A. In W.P. No.9405/2020 petitioner is praying to set aside the order dated 05.08.2020 vide Annexure- A passed by the Court of LVII Additional City Civil 36 and Sessions Judge, Mayo Hall Unit, Benglauru on I.A. No.1 in O.S. No.25863/2020.
In W.P. No.9409/2020 petitioner has prayed for setting aside the order dated 07.07.2020 vide Annexure-A passed by the Court of LVII Additional City Civil and Sessions Judge, Mayo Hall Unit, Bengaluru in I.A. No.1 in O.S. No.25749/2020.
In W.P. No. 9434/2020 petitioner is praying to quash the impugned order dated 7.7.2020 passed by the learned LVII Additional City Civil and Sessions Judge, Mayo Hall and FTC, Mayo Hall (CCH-58), Bengaluru as per Annexure-A. In W.P. No.9441/2020 petitioner is praying to quash the impugned order dated 05.08.2020 passed by the learned LVII Additional City Civil and Sessions Jude, Mayo Hall and FTC., Mayo Hall (CCH-58), Bengaluru as per Annexure-A. 37 In W.P. No.9447/220 petitioner is praying to quash/set aside the order dated 05.08.2020 passed by the LVII Additional City Civil and Sessions Judge, Mayo Hall Unit, Bengaluru on I.A. No.1 in O.S. No.25863/2020 at Annexure-A. In W.P. No. 9476/2020 petitioner has sought for a direction to set aside the impugned order dated 07.07.2020 at Annexure-A passed by the Court of LVII Additional City Civil and Sessions Judge, Mayo Hall Unit, Bengaluru (CCH-58) on I.A. No.1 in O.S. No.25749/2020.
In W.P. No.9480/2020 petitioner is praying to set aside the impugned order dated 07.07.2020 vide Annexure-A, passed by the Court of LVII Additional City Civil and Sessions Judge, Mayo Hall Unit, Bengaluru (CCH-58) in I.A. No.1 in O.S. No.25749/2020.
Brief facts of the case are as under:
38
2. O.S. No.25749/2020 and O.S. No.25863/2020 were filed by the plaintiff seeking for an order of permanent injunction restraining the defendants their men, representatives agents or anyone claiming under or on behalf of them from in any manner infringing, exhibiting, telecasting, streaming, making available for viewing, downloading the movies mentioned in the schedule or through Satellite Broadcast, direct to home broadcast, direct Satellite services, Internet streaming through all firms, I.P., Television, Broadband, telephone over the top, media services or any other mode in the present or future etc., Faced with these facts, trial Court granted Ex-parte orders of injunction on 07.07.2020 and 05.08.2020. Feeling aggrieved by ex-parte injunctions, petitioners have preferred these petitions.
3. Issues raised by the petitioners/defendants No.24, defendant No.5, defendant No.6, defendant No.4, defendant No.26, 39 defendant No.29, defendant No.10, defendant No.9 are that the aforesaid orders of the Trial Court is an ex-parte interim injunction, which is without jurisdiction and suit should have been transferred before designated Court. The trial Court committed an error relating to cause of action which arose in the month of March 2020 and the suits were filed in the month of July and August 2020 and there is non compliance of order XXXIX Rule 3 of Code of Civil Procedure. That apart, it is submitted that suit itself is not maintainable as it is in violation of Sections 55 and 61 of the Copy right Act, 1957 r/w provisions of the Commercial Courts Act, 2015 in view of plaintiff's admission that he is not the owner of the copy rights.
It was further submitted that Trial Court has failed to appreciate documents on record.
4. Petitioners - defendants contended that the impugned orders is vitiated for non compliance of provisions of Rule 3 of Order XXXIX of Code of Civil Procedure. It would therefore, be advantageous, at 40 the very outset to extract the relevant provisions for proper appreciation of the contentions. Rule 3 of Order XXXIX of Code of Civil Procedure reads as under:
"Before granting injunction, Court to direct notice to opposite party"
The Court shall in all cases, except where it appears that the object of granting the injunction would be defeated by the delay, before granting an injunction, direct notice of the application for the same to be give to the opposite party:
Provided that, where it is proposed to grant an injunction without giving notice of the application to the opposite party, the Court shall record the reasons for its opinion that the object of granting the injunction would be defeated by delay, and require the applicant-
(a) to deliver to the opposite party, or to send to him by registered post, immediately after the order granting the injunction has been made, a copy of the application for injunction together with-41
(i) a copy of the affidavit filed in support of the application;
(ii) a copy of the plaint; and
(iii) copies of documents oil which the applicant relies, and
(b) to file. on the day on which such injunction is granted or on the day immediately following, that day, an affidavit stating that the copies aforesaid have been so delivered or sent.
The trial Court has not recorded the reasons or even the urgency in passing exparte injunction orders.
5. In view of these facts and circumstances, learned counsel for the parties have no objection to set aside the exparte injunction orders dated 7.7.2020 and 05.08.2020 passed by the trial Court on I.As. No.1 in O.S. Nos.25749/2020 and 25863/2020 respectively. They further submitted that trial Court be directed to consider the 42 preliminary issue/s to be raised by the petitioners- defendants keeping open all other contentions to be urged by the parties before the trial Court.
6. In view of the above submissions made on behalf of the learned counsel for the parties, exparte injunction orders passed on I.A. Nos.1 in O.S. No. 25749/2020 dated 07.07.2020 and 25863/2020 dated 05.08.2020 on the file of LVII Additional City Civil and Sessions Judge, Mayo Hall Unit, Benglauru are set aside. The trial Court is hereby directed to frame preliminary issue/s relating to maintainability of O.S. No.25749/2020 and O.S. No.25863/2020 on the applications to be made by the petitioners- defendants. petitioners-defendants are hereby directed to file I.A. relating to maintainability of the suits and any other applications, if they so choose to do so, within a period of six weeks from today. Respondents-Plaintiff are permitted to file objections, if any, on such of those I.As. to be filed by the petitioners-defendants in the respective suits. 43 Thereafter trial Court is hereby directed to expedite hearing of such of those I.As including I.A. relating to maintainability of the suits read with objections to I.As to be filed by the plaintiff, if any. The above exercise shall be completed within a period of two months from the date of receipt of this order.
Sd/-
JUDGE BS