Case Note & Summary
The Appellant, Aman Chhabra, filed a commercial suit against the Respondents concerning the copyright of two music videos, 'Pyar To Na Kaho' and 'Lutti Heer'. The Appellant sought a declaration that Respondent No.1, TRAC Entertainment Pvt. Ltd., owned the copyright and prayed for an injunction against Respondent Nos.2 to 6. An interim order was passed by consent of parties. Subsequently, Respondent Nos.2 and 3 filed an application seeking modification of the consent order. The learned Single Judge varied the consent order without granting the Appellant an opportunity to file a reply or contest the application. The Appellant challenged this order by way of a Commercial Appeal under Section 13 of the Commercial Courts Act, 2015. The main grievance was the denial of opportunity to file a reply. The Appellant prayed for setting aside the impugned order, grant of time to file a reply, and re-hearing of the application. The Court considered the limited submission and found that the Appellant was not given a fair opportunity to respond to the modification application. The Court held that the Single Judge ought to have granted the Appellant an opportunity to file a reply before varying the consent order, as the modification affected the rights of the Appellant. The impugned order was set aside and the matter was remitted back to the learned Single Judge for fresh consideration after hearing both sides. The Court directed that the Appellant be permitted to file a reply within two weeks and the application be decided afresh.
Headnote
A) Civil Procedure - Consent Order - Variation - Natural Justice - Code of Civil Procedure, 1908, Order 23 Rule 3 - The Appellant challenged the order varying a consent order passed in a copyright suit, on the ground that he was not given an opportunity to file a reply. The Court held that the Single Judge ought to have granted the Appellant an opportunity to file a reply before varying the consent order, as the modification affected the rights of the Appellant. The impugned order was set aside and the matter was remitted back for fresh consideration after hearing both sides. (Paras 2-7) B) Copyright - Music Videos - Ownership - Copyright Act, 1957, Section 13 - The suit pertained to copyright in two music videos 'Pyar To Na Kaho' and 'Lutti Heer'. The Appellant sought declaration that Respondent No.1 owned the copyright and injunction against other respondents. The interim order was initially passed by consent, but later varied on application by Respondent Nos.2 and 3. (Paras 1-3)
Issue of Consideration
Whether the learned Single Judge was justified in varying the consent order without granting the Appellant an opportunity to file a reply and contest the application for modification.
Final Decision
The appeal is allowed. The impugned order dated 3 July 2021 is set aside. The matter is remitted back to the learned Single Judge for fresh consideration of the application filed by Respondent Nos.2 and 3 for modification of the consent order. The Appellant is permitted to file a reply within two weeks from today. The learned Single Judge shall decide the application afresh after hearing both sides.
Law Points
- Natural justice
- opportunity of hearing
- variation of consent order
- principles of natural justice
- Commercial Courts Act
- 2015 Section 13
