Netflix Entertainment Service ... vs Byrraju Ramalinga Raju
2022 Latest Caselaw 5299 Tel

       THE HON'BLE Dr. JUSTICE SHAMEEM AKTHER
                         AND
     THE HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA

     CIVIL MISCELLANEOUS APPEAL No.326 OF 2020

JUDGMENT: (Per Hon'ble Dr. Justice Shameem Akther)

      This Civil Miscellaneous Appeal, under Order XLIII Rule 1

of CPC, is filed by the appellant/defendant No.2, challenging the

order, dated 01.09.2020, passed in I.A.No.567 of 2020 in

O.S.No.160 of 2020 by the learned XXV Additional Chief Judge,

City Civil Court, Hyderabad, whereby, the Court below granted

ad-interim injunction restraining the appellant/defendant No.2

and respondent No.2 herein/defendant No.1 and their men from

releasing, streaming, transmitting, distributing, exhibiting,

performing or communicating to public or by any means of

technology by audio or video performance of the Investigative

Docuseries titled "Bad Boy Billionaires-India" using the

name/image/reference of the respondent No.1 herein/plaintiff

and the trailer released thereof, till 21.09.2020.

2. We have heard the submissions of Sri C.V.Mohan Reddy,

learned senior counsel, appearing for Sri Bommineni

Vivekananda, learned counsel for the appellant/defendant No.2,

Sri S.Niranjan Reddy, learned senior counsel, appearing for Sri 2 Dr.SA,J & NBK,J CMA No.326 of 2020

A.Venkatesh, learned counsel for the respondent No.1/plaintiff

and perused the record.

3. Several questions have been raised by both the senior

counsel and other counsel on record. The material placed on

record reveals that the impugned order was passed by the Court

below on 01.09.2020. In the course of submissions, it is

brought to the notice of this Court that the subject impugned

order, dated 01.09.2020, is being extended from time to time

and till date, the impugned order is in force.

4. The subject I.A.No.567 of 2020 in O.S.No.160 of 2020 is

filed before the Court below under Order XXXIX Rules 1 and 2

read with Section 151 of CPC, praying the Court below to grant

temporary injunction restraining the appellant/defendant No.2

and respondent No.2 herein/defendant No.1 and their men from

releasing, streaming, transmitting, distributing, exhibiting,

performing or communicating to public or by any means of

technology by audio or video performance of the Investigative

Docuseries titled "Bad Boy Billionaires - India" using the

name/reference of the respondent No.1 herein/plaintiff and the

trailer released thereof, pending disposal of the suit.

                                  3                      Dr.SA,J & NBK,J
                                                      CMA No.326 of 2020

5. The subject I.A.No.567 of 2020 has not been finally

disposed of by the Court below, it is required to be disposed of

expeditiously on merits. When the matter is sub judice before

the Court below, it is not appropriate to go into the merits and

express an opinion at this stage. In such an event, it will have a

bearing over the determination of the subject I.A.No.567 of

2020. Further, Order XXXIX Rule 3A mandates that where an

injunction has been granted without giving notice to the

opposite party, the Court shall make an endeavour to finally

dispose of the application within thirty days from the date on

which the injunction was granted; and where it is unable so to

do, it shall record its reasons for such inability. In view of the

pendency of this CMA before this Court, the Court below had not

adverted to the provisions of Order XXXIX Rule 3A of CPC.

6. In view of these circumstances, the learned XXV Additional

Chief Judge, City Civil Court, Hyderabad, is directed to dispose

of the subject I.A.No.567 of 2020 in O.S.No.160 of 2020,

pending on its file, within a period of three (3) weeks from

today. It is made clear that no opinion is expressed with regard

to the merits of the case. The Court below shall dispose of the

subject I.A.No.567 of 2020, on merits, in accordance with law.

                                 4                        Dr.SA,J & NBK,J
                                                       CMA No.326 of 2020

Both the parties shall cooperate for the disposal of the subject

I.A.No.567 of 2020 within the time indicated above.

7. With the above directions, this Civil Miscellaneous Appeal

is disposed of.

Miscellaneous petitions, if any, pending in this appeal shall

stand closed. There shall be no order as to costs.

______________________ Dr. SHAMEEM AKTHER, J

_______________________ NAGESH BHEEMAPAKA, J

26th October, 2022 Bvv