Shardul Amarchand Mangaldas wins a favourable order for Alt Digital Media Entertainment Ltd., setting aside an injunction against release of its reality show “Lockupp”
February 28, 2022
Shardul Amarchand Mangaldas & Co., acting for Alt Digital Media Entertainment Ltd. has obtained a favourable order in the matter of a reality show called “Lockupp” starring Kangana Ranaut and 16 other celebrities. On 26 February, 2022, the Telangana High Court allowed an appeal against an ex-parte injunction order restraining the release of the said show that was passed by the City Civil Court, Hyderabad on 23 February, 2022 in an application filed by Pride Media.
The show “Lockupp” was scheduled to be released on 27 February, 2022 and the makers of the show had spent considerable time and effort on marketing with substantial stakes involved. The ex-parte injunction order obtained at the 11th hour had jeopardized the release. However, on account of the High Court allowing the appeal filed on behalf of Alt Digital Media Entertainment Ltd. and vacating the ex-parte injunction, the release of the show went ahead as scheduled.
While allowing the appeal, the High Court noted that an ex-parte injunction can only be granted in cases where the object of granting the injunction would be defeated by the delay in giving notice to the other side. The High Court also noted important judicial precedents deprecating the practice of parties claiming copyright infringement at the last-minute.
The High Court observed that in the present case, it was not the case that Pride Media did not have knowledge of the release of the show and hence it was imperative that they acted in a timely manner to ensure that all concerned parties were afforded an opportunity to be heard, which they had failed to do. Hence, the High Court set-aside the ex-parte injunction, observing that the balance of convenience was in favour of Alt Digital Media Entertainment Ltd.
Anuj Berry, Partner led the team along with Aditya Malhotra, Principal Associate, Rohit Iyengar, Associate and Anuj Loya, Associate.
Mr. S. Ravi, Senior Advocate and Mr. Narendar Naik, Advocate were the external counsels who appeared on behalf of Alt Digital Media Entertainment Limited.