The Reliance Industries Limited moved an urgent Commercial Suit before Bombay High Court seeking ad-interim injunctive reliefs against the Punjabi feature film Carry On Jatta 4, produced by Humble Motion Pictures.
Appearing for Reliance, Senior Counsel Venkatesh Dhond submitted that urgent reliefs were necessary on account of an apprehension that third-party rights may be created in relation to the film. It was also submitted that Clause XII Leave had been obtained earlier that morning.
Senior Counsel Ashish Kamat, appearing for Humble Motion Pictures along with Advocates Rashmin Khandekar, Sujoy Mukherji and Shashvat Aggarwal, opposed the grant of any urgent ad-interim reliefs and highlighted serious lacunas in the plaint and interim application.
The defence pointed out defects concerning maintainability, pleadings, verification requirements and compliance with Order VI Rule 15 read with Rule 15A of the Code of Civil Procedure, 1908, as applicable to commercial disputes. It was also submitted that third-party rights had already been created.
During the hearing, Reliance sought a status quo order; however, the same was opposed on the ground that the suit as filed was procedurally defective and not maintainable in its present form.
After hearing the parties, Justice Abhay Ahuja was not inclined to grant the urgent ad-interim injunction sought by Reliance against Carry On Jatta 4. Instead, the Court permitted Reliance to cure the defects in the plaint and interim application and granted liberty to move the Vacation Court after curing such defects.
Appearances
Plaintiff/Applicant- Mr. Venkatesh Dhond, Senior Advocate along with Mr. Pratik Pansare, Ms. Madhu Gadodia, Ms. Jasmeet Kaur and Ms. Fatima Ali instructed by Anand & Naik
For Respondent No. 2- Mr. Ashish Kamat, Senior Advocate alongwith Mr. Rashmin Khandekar, Mr. Anand Mohan, Mr. Sujoy Mukherji and Mr. Shashvat Aggarwal
For Respondent No.1- Mr. Nirman Sharma alongwith Mr. Ansh Karnawat, Mr. Saeed Khan and Ms. Shyamli Hajela instructed by H & M Legal Associates
