Fox Star Studios India Ltd v. John Ceedge & ORS

$~2 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ FAO 441/2016 FOX STAR STUDIOS INDIA LTD ..... Appellant Through:

Ms. Sneha Jain and Ms. Suhasini Raina, Advocates versus JOHN CEEDGE & ORS ..... Respondents Through:

Mr. Siddharth Senewal, Adv. for R20 & 21.

Ms. Meetali Agarwal, Adv. for R-23.

Mr. Shailesh K. Kapoor, Ms. Suruchi Thapar, Mr. Ajay Kumar and Mr.

Vishal Sharan, Advocates for R-33.

Mr. Vakur Sharma, Advocate for R37.

Mr. Sanjeev Narula, CGSC with Mr.

Anshuman Upadhaya, Adv.

for R/UOI.

CORAM:

HON'BLE MR. JUSTICE VALMIKI J. MEHTA

O R D E R

% 18.05.2017 1.

In view of the judgment passed by this Court in a bunch of cases with lead case CS(OS) 1180/2011 titled as Guiness World Records Limited Vs. Sababbi Mangal decided on 15.2.2016, and which judgment holds that IPR matters which were pending in this Court on the date of

enforcement of the Commercial Courts, Commercial Division and Commercial Appellate Divisions of High Courts Act, 2015, have to remain pending in this Court, and the subject suit admittedly is not only an IPR matter but was admittedly pending in the High Court when the aforesaid Act was notified for enforcement, therefore, this appeal is allowed and the impugned order of the trial court dated 28.7.2016 is set aside. Resultantly, the subject suit titled as Fox Star Studios India Ltd. Vs. John Ceedge & Ors will be called back to this Court. For this purpose, this Court exercises power under Section 24 CPC read with Article 227 of the Constitution of India.

2.

Let the parties appear before the Judge In-Charge (Original Side) on 11th July, 2017 and Registry will in the meanwhile call for the file of the subject suit for being placed before the Judge In-Charge (Original Side) of this Court on 12th July, 2017.

3.

The appeal is accordingly allowed and disposed of. VALMIKI J. MEHTA, J MAY 18, 2017 ib