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2017 Supreme(Bom) 2409

S.C.DHARMADHIKARI, VIBHA KANKANWADI
Super Cassettes Industries Pvt. Ltd. – Appellant
Versus
Trimurti Films Pvt. Ltd. – Respondent


Advocates Appeared:
For the Appellant : Mr. Ravi Kadam, Mr. Abhinav Chandrachud, Mr. Ammet Naik, Ms. Madhu Gadodia & Mr. Ravi Suryawansh, M/s. Naik Naik, Mr. Venkatesh Dhond, Rashmin Khandekar, Mr. Rohan Kadam, Mr. Ayaz Bilawala and Siddhi Doshi, M/s. Bilawala
For the Respondents: Mr. Virag Tulzapurkar, Mr. Adheesh Nargolkar, Mr. Nishad Nadkarni, Mr. Amey Nargolkar and Mr. Vaibhav Keni i/b. M/s. Khaitan & Co.

JUDGMENT :

S.C. DHARMADHIKARI, J.

1. The first Commercial Appeal on our board is by the original defendants 1 to 6 in the Suit for infringement of copyright being Commercial Suit (L) No. 459 of 2017.

2. That Suit was filed by the respondent in this Appeal.

3. Since detailed arguments have been canvassed, we proceed to dispose of this Appeal finally by this order.

4. At the outset, we must clarify that this Appeal challenges an ad-interim order of the learned Single Judge in the above Commercial Suit (L) No. 459 of 2017.

5. An application for interim injunction vide Notice of Motion (L) No. 515 of 2017 was made in that Suit by the respondent/plaintiff. In that application, the urgent ad-interim injunction was sought by the respondent/plaintiff against the appellants/original defendants. On 22nd August, 2017, that application for urgent ad-interim injunction has been considered and granted. It is such an ad-interim order which is under challenge in this Appeal.

6. Mr. Kadam, learned Senior Advocate appearing in support of this Appeal submits that though this Appeal is directed against an ad-interim order, the appellants/original defendants would have no grievance if this Court passes an ord






































































































































































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