Judgment

Mr. Vikas Suri, J.

This is a petition preferred under Article 227 of the Constitution of India challenging the order dated 01.05.2023 passed by Civil Judge (Junior Division), Ludhiana whereby ex-parte ad-interim injunction has been passed against the defendants therein from releasing the film “Jodi Teri Meri” on 05.05.2023 i.e. tomorrow.

2. The facts in brief are that father of the plaintiffs viz. Gurdev Singh Randhawa, was director of Gurdev films, which is producer of TV serials, documentaries, tele-films, films, motion pictures and AD films. He had decided to make motion film on the biography of ‘Amar Singh Chamkila and Bibi Amarjot Kaur.’ He had entered into an agreement with the widow of Amar Singh Chamkila and the writing in that regard was executed on 12.10.2012 whereby she had granted permission on behalf of her family to make the film and assured full cooperation. In consideration thereof, she had received a sum of Rs.5,00,000/- and transferred all rights to Gurdev Singh. It was stipulated that the agreement will be binding on the heirs as well. Gurdev Singh Randhawa died on 03.11.2022 and is survived by his widow Smt. Jaspreet Kaur and the plaintiffs namely Ishdeep Randhawa and Sanjot Randhawa.

3. It is further pleaded that the plaintiffs came to know that Gurmail Kaur are making/preparing the film on biography of Amar Singh Chamkila and Bibi Amarjot Kaur in association with M/s Reliance Entertainment, Imitiaz Ali, Diljit Dosanj and Parineeti Chopra. The plaintiffs earlier filed one civil suit titled Ishdeep Randhawa and another vs. Gurmail Kaur and others , against the aforesaid persons, which is pending in the Court of Harsimranjit Singh, Civil Judge (Senior Division), Ludhiana. It is pleaded that in the said case, Gurmail Kaur and M/s Reliance Entertainment have appeared and filed written statement. During pendency of the said civil suit, the plaintiffs came to know from online and other sources that another film namely ‘Jodi Teri Meri’ is also being prepared and is scheduled for release on 05.05.2023.

4. In the aforesaid backdrop, the plaintiff-respondent Nos.1 and 2 instituted the present suit against the defendant-respondent Nos.3 to 6 as well as the petitioner, by wrongly mentioning the petitioner as Daljit Motion Films (defendant No.2). It was averred therein that they have no right to make/prepare the said film during the subsistence of the agreement between the plaintiffs and Gurmail Kaur (defendant No.3). It is also averred that the afore-noticed film is based and influenced by the book ‘Awaz Mardi Nahi’ authored by Sh. Gulzar Singh Shonki. It is further averred that the concept is also copied and inspired from the aforesaid book and the main actor/hero in both the films is defendant - Diljit Dosanj.

5. The suit was instituted on 01.05.2023 along with the application under Order 39 Rule 1 and 2 CPC for grant of ad-interim injunction. On the same day, an ex-parte ad-interim injunction was granted whereby the defendants were restrained from releasing the film ‘Jodi Teri Meri’ on 05.05.2023, except in due course of law till the next date of hearing i.e. 08.05.2023. It is notable that formal notice of the suit or the application for ad-interim injunction has not been ordered to be issued by the impugned order but it was made clear that if service of defendants is not affected by 08.05.2023 through RC/AD etc. then th