In a commercial suit was filed before the Delhi High Court by Amitabh Bachchan seeking permanent injunction restraining the misappropriation of his publicity rights, passing off, and damages, a Single Judge Bench of Justice Purushaindra Kumar Kaurav decreed the suit under Order XXIII Rule 3 and Order VIII Rule 10 of the Civil Procedure Code, 1908 (CPC).
It was asserted that defendant 1 had developed a mobile app titled ‘Amitabh Bachchan Video Call’, and defendant 2 circulated WhatsApp messages bearing Amitabh Bachchan’s photo to promote a purported ‘Kaun Banega Crorepati’ lottery. By an order dated 25-11-2022, the Court granted an ex parte ad interim injunction and issued directions to the statutory authorities concerned as well as the Telecom Service Providers.
On 09-10-2026, it was found that some parties had explored the possibility of amicable settlement, but the same could not be finalized on account of some logistical issues. Hence, the Court granted further opportunity to the parties to complete the necessary formalities. By an interim application, the Court was notified that the matter was settled with defendants 1, 3, 5, and 8, and that the said defendants had acknowledged the plaintiff’s publicity rights as well as his right to privacy.
It was stated that Order XXIII Rule 3 of the CPC authorises the Court to pass a decree on compromise whereby the parties have adjusted the suit ‘wholly or in part’ and such decree is to be passed ‘so far as it relates to the parties to the suit’. The Court noted that the application had been signed by the parties and that its terms were capable of being embodied in a decree. Hence, the application was allowed and the suit was decreed regarding defendants 1, 3, 5, and 8.
Amitabh Bachchan had also filed another application under Order VIII Rule 10 of CPC seeking decree of the suit against defendants 2, 4, 6, 9, and 10. The Court noted that the said defendants chose not to appear despite service and that their right to file a written statement closed on 25-09-2023. It was stated that in a commercial suit, the time for filing the written statement cannot be extended beyond the period stipulated in the proviso to Order VIII Rule 1 of CPC. The Court noted that both elements as mentioned in Titan Industries Ltd. v. M/s Ramkumar Jewellers 2012 SCC OnLine Del 2382 were satisfied and that the impugned uses employed Amitabh Bachchan’s name and photos for commercial gain, falsely suggesting his endorsement without his consent.
The Court noted that the plaint disclosed a continuing pattern of anonymous misuse of the plaintiff’s persona, through websites, applications, posters and messaging platforms, which the plaintiff cannot track to identified persons. Hence the Court found that the suit deserved to be decreed regarding defendants 2, 4, 6, 9, and 10, and stated that the ex parte ad interim injunction dated 25-11-2022 stood merged with the decree.
