Madras High Court Blocks Piracy of ‘Jab Khuli Kitab’, Grants Interim Injunction with Indemnity Safeguard
Madras High Court Blocks Piracy of ‘Jab Khuli Kitab’, Grants Interim Injunction with Indemnity Safeguard
Introduction
The Madras High Court granted an ad-interim injunction restraining unauthorized broadcasting of the film Jab Khuli Kitab, holding that preventive measures are necessary to avoid irreparable harm to copyright owners, while imposing an indemnity condition to safeguard the interests of intermediaries.
Factual Background
Applause Entertainment Private Limited, claiming ownership of copyright in the film Jab Khuli Kitab through a production agreement with Shoe Strap Films LLP, approached the Court alleging infringement through unauthorized online broadcasting. The film, a romantic comedy-drama featuring Pankaj Kapur and Dimple Kapadia, was released on the OTT platform ZEE5 on March 6, 2026. The plaintiff contended that illegal dissemination of the film across digital platforms would cause irreparable injury to its commercial interests and copyright.
Procedural Background
The plaintiff filed a commercial suit before the Madras High Court seeking urgent interim relief against multiple internet service providers (ISPs) and cable operators to block unauthorized transmission of the film. The matter was heard by Justice Senthilkumar Ramamoorthy, who passed an ad-interim order on March 16, 2026.
Issues
1. Whether ad-interim injunction should be granted to prevent unauthorized broadcast of the film.
2. Whether safeguards are required while granting wide-ranging blocking orders.
Contentions of Parties
The plaintiff contended that it held valid copyright in the film and that unauthorized dissemination through digital platforms would result in immediate and irreparable harm. It argued that urgent preventive relief was necessary to curb piracy. There was no recorded detailed opposition at this stage, as the matter was considered at the interim stage.
Reasoning and Analysis
The Court observed that in cases involving copyright infringement of cinematographic works, especially around the time of release, preventive measures are essential to avoid irreversible harm. It recognized that unauthorized broadcasting could significantly undermine the commercial value of the work. At the same time, the Court acknowledged that the expansive nature of blocking orders against multiple intermediaries could potentially affect legitimate business interests. Balancing these concerns, the Court held that while injunction was warranted, it should be subject to an indemnity condition to protect the respondents against potential losses arising from wrongful blocking.
Decision
The Madras High Court granted an ad-interim injunction restraining unauthorized broadcasting of Jab Khuli Kitab and directed blocking of infringing content, subject to the plaintiff furnishing an indemnity. The order will remain in force until April 6, 2026.
In this case the plaintiff was represented by Advocate Shruthi Srinivasan for Arun C. Mohan.
