In October,2022, Kerala Court passed an order, restraining Kantara Movie from using the song,’ Varah roopam’ because a Kerala based rock band Thaikkudam Bridge, who said that the song has been plagiarized from their song, ‘Navarasam’. The order was against producer, director, distributor and streaming platforms from playing the song.
Then in November, 2022, another Kerala Court, restrained the producer, director, distributor and streaming platforms from using the song ‘Varah Roopam’. As the plaintiff in the case, The Matrubhumi Printing and Publishing Co, claimed that they have been assigned the copyright of the song, ‘Navarasam’.
The makers of Kantara movie filed a petition under Article 227 of the Constitution of India against the order passed by the Courts below. The High Court of Kerala, dismissed the Petition by mentioning that, why the petitioner has directly approached this Court to vacate an ad-interim order bye-passing the procedure under Code of Civil Procedure.
As the District Court, who restrained the use of song ‘Varah Roopam’ was not Commercial Court, the producer of Kantara movie, Hombale Films filed an order 7 rule 10 application citing lack of jurisdiction, this application of Hombale Films was allowed and the plaint before Kozhikode Court was returned. By this the restraining order of October, 2022 was vacated. The parties to the suit were asked to appear before a Commercial Court. But the order of November, 2022 was still in force.
Now, the band Thaikkudam Bridge filed a petition in Kerala High Court against the order of Kozhikode Court order, where the plaint was returned for lack of Jurisdiction. Kerala High Court temporarily stayed the order of Kozhikode Court but Kerala High Court added that the interim restraining order against the use of song ‘Varah Roopam’ will not be revived.
The second order of November, 2022 was passed by Palakkad District Court, which was filed by Matrubhumi Printing and Publishing Co, the Palakkad Court also citing lack of Jurisdiction returned the plaint, mentioning that the registered office of Matrubhumi Printing and Publishing Co is in Kozhikode and suit should be filed there.
So, for the first time since November,2022 there was no interim injunction/ restraining order against use of the song ‘VARAH ROOPAM’.
On February 2023, the makers of the movie filed Anticipatory bail application before Kerala High Court, that in case they are arrested under section 63 Copyright Act, they should be released on bail. Kerala High Court granted the bail but with a strange condition that they will not exhibit the film ‘Kantara’ along with the song ‘VARAH ROOPAM‘ till the final order by a competent court is passed.
Then the makers of Kantara movie moved to Hon’ble Supreme Court of India, against the strange bail condition of not using the song ‘VARAH ROOPAM‘. Supreme Court three Judges bench including the Chief Justice of India, Supreme Court said the Copyright Suit cannot be decided in a Bail order.
The Bail Condition of not using the song ‘VARAH ROOPAM‘ was stayed by Hon’ble Supreme Court.
The Litigation against the song ‘VARAH ROOPAM‘ is still going on. But the district courts having no jurisdiction giving restraining order and strange bail condition by Kerala High Court are uncalled for.
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By Neeraj Gogia, Advocate