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2021 Supreme(Bom) 274

NITIN JAMDAR, C.V.BHADANG
Aman Chhabra, S/o Ashok Chhabra – Appellant
Versus
TRAC Entertainment Pvt. Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Karl Tamboly with Vivek Vashi, Ankit Pathak and Shilpa Sengar i/b Vashi and Vashi, Adv.
For the Respondent:Ms. Megha Chandra with Mahalaxmi Ganapathy

JUDGMENT :

Nitin Jamdar, J.

The Appellant has filed a commercial suit against the Respondents regarding the copyright of two music videos, "Pyar To Na Kaho” and “Lutti Heer". The Appellant has sought a declaration that Respondent No.1- Company owns the copyright and has prayed for an injunction against Respondent Nos.2 to 6. In the Interim Application taken out by the Appellant in the Suit, an interim order was passed by consent of parties. However, later on, upon an application filed by Respondent Nos.2 and 3, the learned Single Judge has varied the consent order. Challenging this order varying the earlier consent order, the Appellant is before us by this Commercial Appeal under section 13 of the Commercial Courts Act, 2015.

2. The main grievance of the Appellant is the denial of opportunity by the learned Single Judge to file a reply and contest the application taken out by Respondent Nos. 2 and 3 for modification of the earlier consent order. The Appellant's prayer is to set aside the impugned order, grant time to the Appellant to file a reply to the application, and the application be re-heard. In view of this limited submission, we have considered the facts of the case to ascerta

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