O R D E R

% 05.08.2024 I.A. No. 35528/2024 (Application under Order XXXIX Rule 1 & 2 read with Section 151 of CPC, 1908 to restrain the defendants from orchestrating and issuing illegal threats)

1. The present application has been filed by the plaintiff under Order XXXIX Rule 1 and 2 read with Section 151 of the Code of Civil Procedure (“CPC”), 1908, to restrain the defendants from orchestrating and issuing illegal threats to the plaintiff.

2. It is submitted that the plaintiff has filed the present suit seeking injunction against the illegal acts of the defendants, including using their design no. 367062-001, infringement of copyright in the photographs, and other ancillary reliefs.

3. It is submitted that the present suit has been filed by the plaintiff since defendant nos. 2 to 16, are selling Sarees on defendant no.1’s platform, using plaintiff’s design and photographs, without any permission or license, only with the intention of attracting plaintiff’s consumer base by deceiving them into believing that the listings of “Hathi Saree” posted by defendant nos. 2 to 16 on defendant no.1’s platform, are in fact originating from the plaintiff.

4. It is submitted that the activity of the defendants is causing immense harm to plaintiff’s hard earned goodwill and reputation, and also causing monetary loss. Thus, the present suit has been filed to restrain the defendants from infringing the plaintiff’s rights in the photographs of the Sarees, as well as pattern of the Sarees.

5. Learned counsel appearing for the plaintiff submits that the plaintiff has made a categorical statement, as recorded in the order dated 23rd July, 2024, that the plaintiff is seeking enforcement of the copyright in the photographs of the Sarees, over which the plaintiff alone holds copyright.

6. It is submitted that the defendants are now trying to pressurize the plaintiff through illegal means to withdraw the present suit and stop enforcing his rights in respect of the “Hathi Sarees”. Thus, it is submitted that defendants are running campaigns by themselves, and through other influential third parties, so as to malign the name and reputation of the plaintiff. It is submitted that the campaigns are being run on social media, as well as offline mode through mass speeches and gatherings, organized, facilitated, or sponsored by these defendants.

7. Learned counsel appearing for the plaintiff has handed over the screenshots of the videos being circulated on the social media, wherein, speeches have been made against the plaintiff.

8. Learned counsel has drawn the attention of this Court to the English translation of the speeches, as reproduced in the present application, to submit that threats are being extended to the plaintiff. She further submits that in view of the various threats, the various employees of the plaintiff, are not reporting for work.

9. Learned counsel appearing for the plaintiff has also shown the screenshots of the videos to show the presence of the defendants in these gathering, where such speeches have been made against the plaintiff.

10. Thus, it is submitted that defendant nos. 2 to 15 and their representatives are trying to stir up the sentiments of the public against the plaintiff and pressurize the plaintiff to withdraw the present suit. The defendants are trying to instigate public outrage against the plaintiff by spreading misinformation among the public of Malegaon, and trying to make them believe that the plaintiff is trying to take away their source of livelihood. Thus, it is submitted that such baseless allegations have the potential to incite the violence and unrest among the public, and cause harm to the plaintiff and the general public at large.

11. Issue notice. Notice is accepted by learned counsels appearing for defendant nos. 1, 2, 3, 6, 7, 8, 10, 11 & 12.

12. Learned counsels appearing for the defendants, as aforesaid, submit that they have no relation to the speeches being made by third parties, or to the gatherings. They further su