SAREGAMA INDIA LIMITED vs VELS FILM INTERNATIONAL LIMITED & ORS.

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 38/2025 & I.A. 1021/2025, I.A. 2163/2025 SAREGAMA INDIA LIMITED .....Plaintiff Through: Mr. CM Lall, Sr. Adv. with Mr. Ankur Sangal, Ms. Sucheta Roy, Ms. Amira Dhawan, Ms. Shambhavi Mishra, Ms. Ananya Mehan, Ms. Samanyu Sethi, Advocates (M:9910113028) versus VELS FILM INTERNATIONAL LIMITED & ORS. .....Defendants Through: Mr. K. Rigved Prasad, Ms. PS Deepika and Mr. V. Shreekumar, Advocates for D-1. Mob: 9790913150 Email: [email protected] Ms. Anushree Rauta, Mr. Deepank Singhal, Ms. Anisha Shetty, Mr. Shwetank Tripathi, Advocates for D-2 (M:9782830038) Mr. Manu Kulkarni, Mr. Ankit Parhar, Ms. Shloka Narayanan, Ms. Sriparna Dutta Choudhury, Advocates for D-3 (M:9871766591) CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA JUDGMENT % 30.01.2025 I.A. 1021/2025 & I.A. 2163/2025 1. The present suit has been filed by the plaintiff against the defendants for infringement of its copyright in the literary and musical work of the song „En Iniya Pon Nilave‟ from the cinematograph film „Moodu Pani‟ in the cinematograph film „Aghathiyaa‟, produced by defendant no. 1, which is Signature Not Verified Digitally Signed CS(COMM) 38/2025 Page 1 of 25 By:AMAN UNIYAL Signing Date:30.01.2025 18:53:17 slated for release on 31st January, 2025. It is undisputed that the defendants have used the lyrics and music composition of the song in question and have caused a fresh recording of the same. 2. By this judgment, this Court shall decide the applications filed by the plaintiff and defendant no. 1 respectively, for grant of injunction and vacation of the interim order dated 16th January, 2025, pertaining to the rights of the parties in the song „En Iniya Pon Nilave‟ from the cinematograph film „Moodu Pani‟. While the plaintiff claims right in the