Case: SVF Entertainment Private Limited   v. Swapan Ghoshal

Decided On: 23/12/2019

Coram: Justice Shampa Sarkar

HEADNOTE

Hon’ble Calcutta High Court decided this case on the point which was raised regarding urgent need for allowing the petitioner to air the web series on Hoi Choi app which is going to be published through internet on December 24, 2019 because the plaintiffs have failed to show that they have been assigned any right to publish any web series on Byomkesh through Hoi Choi app. It is also made clear that web series already sold to various channels before the order of injunction and are on air are not to be affected by the order of injunction. In this Case hon’ble court discussed “Temporary Injunction” with respect to Shiv Kumar Chadha case and Morgan Stanely Mutual Fund v. Kartick Das where the factors which court should weigh before granting an ex parte interim injunction was laid down. Relying on these two cases Calcutta High Court decided in present revision application by stating that “having gone through the prima facie case and the balance of convenience and inconvenience, I think the petitioner has made out a case, that there was no occasion for the learned trial judge to pass a blanket order of stay on the publication and airing of the web series of Byomkesh on Hoi Choi app.”

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