Kerala High Court dismissed petitions by producer of ‘Kantara’ movie against the ad-interim injunction order restraining the use of the song ‘Varaha Roopam’
The Kerala High Court has dismissed petitions by the producer of ‘Kantara’ movie against the ad-interim injunction order restraining the use of the song ‘Varaha Roopam’.
Facts
The petitioner has challenged the orders of the Palakkad District Court and the Kozhikode District Court, which issued temporary injunctions to prevent the makers of the Kannada film “Kantara” from using the song “Varaha Roopam” on streaming platforms and in theatres.
The Kozhikode District Court issued its decision in a suit filed by Thaikkudam Bridge, the band that wrote and performed the song “Navarasam.”
The Palakkad court order was issued in response to a suit filed by Mathrubhumi Printing and Publishing Company Ltd, the owner of the copyright to “Navarasam.”
Until further orders, Hombale Films was barred from exhibiting, releasing on OTT platforms, streaming, distributing, or communicating to the public the song “Varaha Roopam.”
Court’s Observation
The petitions challenging the orders of the Palakkad District Court and the Kozhikode District Court were dismissed by a single bench of CS Dias. The petitioner was also granted the right to pursue alternative legal remedies by the High Court.
The supervisory jurisdiction of this Court is not to be exercised to inter-meddle with every ad-interim order passed by the subordinate courts. If that is the case, the Courts of original jurisdiction and appellate Courts will become defunct, and this Court will be flooded with such litigation, unsettling and dislodging the legislative framework laid down under the Code.
Case: Hombale Films v/s The Mathrubhumi Printing and Publishing Company Ltd and others
Citation: OP(C) NO. 2281 OF 2022(FILING NO.)
Date: 23.11.2022
