NIHARIKA SAHNI Vs. RAJ YUVRAJ SINGH BAINS AND OTHERS
LAWS(P&H)-2014-7-975
HIGH COURT OF PUNJAB AND HARYANA
Decided on July 11,2014

NIHARIKA SAHNI Appellant
VERSUS
RAJ YUVRAJ SINGH BAINS AND OTHERS Respondents

JUDGEMENT

- (1.) This petition is directed against the order dated 30.5.2014 a perusal of which would indicate that the learned Court of the Additional District Judge, Ludhiana had as an interim measure, restrained the defendants (petitioners herein) from releasing or commercially distributing the work or any of sound image or music, script, dialogues etc. with regard to the Film "Oh My peo, Fas Gaya Mr.Beanu" or "Phir Chalo School Ji Oh My Peo Ji" till 7.7.2014. This interim restraint order was subject to the condition that the plaintiff (respondent herein) would file an indemnity bond in the sum of Rs.5 lacs with bank guarantee within one week with an undertaking that in case his suit fails on merits, then the plaintiff (respondent) shall pay the aforesaid amount to the defendant (petitioner herein).
(2.) The matter was then adjourned to 7.7.2014. The petitioner questioned this order by virtue of this petition and this Court on 6.6.2014 issued notice of motion for 11.6.2014 and the impugned order to the extent that it stayed the release of the movie, was stayed subject to further orders to be passed on the date fixed i.e. 11.6.2014. While doing so, this Court noticed the contentions which are extracted here below :- "Learned counsel for the petitioner submits that the movie in question is slated for release on 13.6.2014 and vast amounts have been paid by the petitioner to the distributors who, in turn, have paid the theaters where the movie is to be released. As such, the stay order of the civil court would result in loss of crores of rupees to the petitioner. Learned counsel further submits that the first respondent is only claiming joint copy rights with the petitioner and as such, even if he succeeds in his suit, all profits which may be earned from the movie, which is sought to be released, would be apportionable between the petitioner and the said respondent. The release of the movie would not disturb the equity between the parties."
(3.) On 11.6.2014, this Court adjourned the matter to 12.6.2014 to enable the learned counsel for the parties to seek instructions as to whether the parties were willing to resolve the issue through the process of mediation. On 12.6.2014, it was brought to the notice of this Court that the petitioner had interacted on a social network sought to post the following message :- "With the blessings of Shri Guru Nanak Dev Ji Maharaj and the wisdom and judgment of the Hon'ble High Court of India we hereby declare that the movie is now free of all obstacles and is set to be released on Friday, 13th of June, 2014. The stay on the film was revoked on the 6th of June, 2014 and today has been re-confirmed by the Punjab-Haryana High Court. A big thanks to all our well wishers and supporters.";


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