Case Note & Summary
The petitioners, Paramvah Studios Pvt. Ltd. and its Managing Director Rakshit Shetty, were defendants in a suit filed by Lahari Recording Company (respondent) seeking an injunction against the use of the song 'Hey Who Are You' in the movie 'Kirik Party'. The trial court, by order dated 28.12.2016, granted an ex parte ad interim injunction restraining the defendants from using the song. The defendants challenged this order before the High Court under Articles 226 and 227 of the Constitution of India. The High Court found that the trial court had not recorded any reasons for granting the ex parte injunction and had not issued notice to the defendants, as required under Order XXXIX Rule 3 of the Code of Civil Procedure, 1908. The High Court held that the order was in clear violation of the mandatory provisions of Order XXXIX Rule 3 CPC, which requires the court to record reasons for granting an ex parte injunction and to require the applicant to send notice to the opposite party. Consequently, the High Court set aside the impugned order and remanded the matter to the trial court for fresh consideration of I.A.No.3 after hearing both parties. The High Court directed the trial court to dispose of the application within two weeks from the date of receipt of the order.
Headnote
A) Civil Procedure - Ex Parte Injunction - Order XXXIX Rule 3 CPC - Mandatory Compliance - The trial court granted an ex parte ad interim injunction restraining the defendants from using the song 'Hey Who Are You' in the movie 'Kirik Party' without recording reasons for dispensing with notice and without issuing notice to the defendants. Held that the order is in clear violation of Order XXXIX Rule 3 CPC, which mandates that the court shall record reasons for granting ex parte injunction and shall require the applicant to send notice to the opposite party. The order is liable to be set aside. (Paras 4-6) B) Civil Procedure - Vacation of Ex Parte Injunction - Remand for Fresh Consideration - Since the impugned order was passed without compliance with Order XXXIX Rule 3 CPC, the High Court set aside the order and remanded the matter to the trial court for fresh consideration of I.A.No.3 after hearing both parties. (Para 6)
Issue of Consideration
Whether the trial court was justified in granting an ex parte ad interim injunction without recording reasons and without issuing notice to the defendants, and whether such order is liable to be set aside for non-compliance with Order XXXIX Rule 3 of the Code of Civil Procedure, 1908.
Final Decision
The High Court allowed the writ petitions, set aside the order dated 28.12.2016 passed on I.A.No.3 in O.S.No.8718/2016, and remanded the matter to the trial court for fresh consideration of I.A.No.3 after hearing both parties. The trial court was directed to dispose of the application within two weeks from the date of receipt of the order.
Law Points
- Ex parte injunction
- Order XXXIX Rule 3 CPC
- mandatory compliance
- recording of reasons
- notice to opposite party
- vacation of ex parte order
