Shemaroo Entertainment Ltd. v. Suryaveer Singh Bhullar And 3 ORS.

1/2 chscd-62-16(28).doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY AND ORIGINAL CIVIL JURISDICTION COMMERCIAL CHAMBER SUMMONS NO.62 OF 2016 IN COMMERCIAL IP SUIT NO.197 OF 2015 Universal Music India Pvt Ltd.

..Applicant

IN THE MATTER BETWEEN

Shemaroo Entertainment Ltd ..Plaintiff Vs.

Suryaveer Singh Bhullar & Ors ..Defendants WITH COMMERCIAL NOTICE OF MOTION NO.53 OF 2015 IN COMMERCIAL IP SUIT NO.197 OF 2015 Mr. Rashmin Khandekar a/w Ms Poonam Teddu I/b Mr. Mahesh Mahadgut for Plaintiff Ms Aditi Mittal I/b Krishnamurthy and Co. for Defendant No.4/Applicant CORAM : K.R.SHRIRAM, J.

DATE : 3rd JUNE 2019 P.C.:

This chamber summons is taken out for modifying the order dated 24th June 2015 passed by this court and to exempt defendant no.4 from providing inspection of the document i.e., assignment deed dated 23rd September 2010 and applicant be permitted to provide inspection of only some of the portions of the assignment deed and not the entire assignment deed.

I find this application rather strange, in as much as in the written statement affirmed on 18th May 2015, a preliminary objection is Meera Jadhav

2/2 chscd-62-16(28).doc raised seeking dismissal of the suit against applicant/defendant no.4. According to applicant one Universal Music India Pvt Ltd. is the owner of the copy rights which plaintiff claim to have been infringed and, therefore, plaintiff has no cause of action against applicant/defendant no.4. For this applicant is relying upon the assignment deed dated 23rd September 2010. If applicant has to succeed in the trial, certainly this assignment deed has to be produced. Applicant cannot state that it will produce only some part of the assignment deed and not other. Moreover, in the written statement, there is no such reservation also made.

In the circumstances, chamber summons dismissed. (K.R. SHRIRAM, J.) Meera Jadhav