Puja Films, Now Known As Puja Entertainment (India) Ltd Through Habibulla Sayed vs Tips Industries Pvt Ltd Also Known As Tips Music Ltd& Ors

Farhan P. Dubash, J

Interim Application (L) No. 18595 of 2026 seeks preponement of the hearing of the matter which was originally granted circulation on 5th June 2026 to 3rd June 2026. However, since circulation was granted on 3rd June 2026 on the praecipe filed by the Plaintiff's Advocates and the matter is listed on today's board, nothing survives in this Interim Application, which is accordingly disposed of, with no order as to costs.

Interim Application (L) 18458 of 2026 seeks various urgent reliefs in respect of a cinematographic film, "Hai Jawani Toh Ishq Hona Hai" which is slated for release on 5th June 2026 including inter alia, two songs, namely, "Chunnari Chunnari" and "Ishq Sona Hai" included therein.

However, it appears that the Plaintiff has already filed a Suit before the Civil Judge, Senior Division - I at Katihar, Bihar on or about 27th April 2026, namely Title Suit No. 137 of 2026 seeking similar reliefs in respect of the same cinematographic film and two songs in which, ex-parté ad-interim reliefs were obtained by the Plaintiff on 6th May 2026 directing the parties to maintain 'status quo' in the matter. This resulted in the Defendants/Respondents approaching the Patna High Court and filing Civil Miscellaneous Jurisdiction No. 684 of 2026 and thereafter, the Hon'ble Supreme Court of India. By an order dated 22nd May 2026 passed in Special Leave Petition (Civil) Diary Nos. 32051 of 2026, the ex-parté order dated 6th May 2026 passed by the Trial Court was stayed pending the disposal of the Civil Miscellaneous Jurisdiction No. 684 of 2026 that was pending before the Patna High Court with a further clarification that the said order would not come in the way of the High Court in considering the matter on merits on the next date viz. 25th May 2026.

The pleadings however do not reveal as to what thereafter transpired before the Patna High Court. Instead, it is mentioned that the Plaintiff filed an application before the Trial Court seeking leave to withdraw the suit filed by them with liberty to initiate and prosecute appropriate proceedings before the Bombay High Court. However, despite filing such application more than a week ago, no orders have been obtained therein. No satisfactory explanation is also forthcoming from Ms. Bhavsar, learned counsel appearing for the Plaintiff as to why her client was unable to do so.

Moreover, Mr. Kadam, learned senior advocate appearing for Defendant/Respondent Nos. 1 to 6 points out that approximately 1900 cinemas and 3000 screens have already been booked in India, and approximately 725 cinemas and 1100 screens have been booked in more than 70 overseas countries for the screening of the said cinematographic film which is slated for release on 5th June 2026, which fact was well known to the Plaintiff, since at least, November 2025. He submits that the Plaintiff is guilty of forum shopping and has approached this Court after undue and unexplained delay and vehemently opposes the grant of any urgent reliefs staying the release of the said cinematographic film. He submits that this Court ought not to entertain the application made by the Plaintiff considering the pendency of the Title Suit before the Trial Court. Mr. Kadam also wishes to file an affidavit placing his clients' objections on merits, to the reliefs sought in the present suit. Mr. Ashish Kamat, learned senior advocate appearing for Defendant No. 7 also supports the said submissions and makes a similar request.

Considering the above, this Court is not inclined to entertain the urgent application of the Plaintiff which seeks reliefs against the said cinematographic film and the two songs.

List the matter before the regular court on 8th June 2026. If the Respondents are desirous of filing any reply, the same shall be filed and served, on or before the next date.