The Delhi High Court recently criticised Global Music Junction Private Limited for issuing notices to various entities including social media platforms that asked them to stop monetising the songs of Bhojpuri singer and actor Khesari Lal Yadav (alias Shatrughan Kumar).Justice Sanjeev Narula said the notices asking the entities to act in compliance with an ex-parte order of the High Court were actually a misrepresentation of the directions issued by the Court. “This action undermines the integrity of the judicial process and places the Plaintiff to be liable for contempt for non- adherence of binding directions,” the Court remarked. The dispute stemmed from a suit filed by Global Music in 2022 against Yadav for alleged violation of an agreement to not work with any third-party for creating any new intellectual property or content till September 30, 2025. A single-judge on October 14, 2022 had granted an ex-parte injunction in favour of Global Music. However, the order was vacated later. Global Music then filed an appeal. A division bench in September 2023 passed certain directions in the appeal.The division bench restrained Yadav from engaging with any company except Global Music for monetising any of his new songs till September 30, 2025.It, however, clarified that Yadav can continue to act, sing and dance in Bhojpuri film industry as well as on national TV channels, social media platforms, and on stages.But, he could not sell his new songs to distributors, music companies, producers, etc. other than Global Music Junction, unless the music production company refuses to accept the delivery of the new songs, as per the Court's 2023 order.In the latest development to the dispute, Yadav filed an application before the single-judge alleging grave violation of the order of Division Bench. He alleged that Global Music, to enforce the directions, issued notices to several entities including YouTube.Yadav said that the notices amounted to contempt of court since they were issued on the basis of the ex-parte of single-judge order and that a considerable number of his songs have been “unjustly removed and are now inaccessible on YouTube”.While Global Music sought time to file a reply, the Court observed that it had clearly overreached the specific directions of the Division Bench order. It said violation “prima facie renders them liable for contempt” and also took note of Yadav’s submission that the notices issued by Global Music have “significantly impacted” his professional engagements, leaving him without work prospects as no entity is now willing to associate with him.The Court further asserted that Global Music could not have enforced the ex-parte order as it ceased to exist and thus, the company had misrepresented the directions passed in its case.At this stage, Global Music sought to issue fresh notices to clarify the position. The Court also clarified that recipients of the notices shall be bound to act only in compliance with the directions by the division bench.The Court further clarified that Global Music shall not directly write to any party seeking enforcement of the order of injunction. After Global Music protested that such direction would not allow it to directly seek enforcement, Justice Narula said,“However, the Court deems this argument untenable, as the clarity and precision of the Division Bench Order ensures that the Plaintiff's rights and interests are adequately safeguarded without the need for direct unilateral enforcement actions.Senior Advocate Sandeep Sethi and advocates Samiksha Godiyal, Govind Manoharan, A Karthik, Smrithi Suresh, Sreepriya, Gunjan Rathore, Nishchaiy Sharma represented Khesari Lal Yadav.Senior Advocate Akhil Sibal and advocates Yashvardhan, Kritika Nagpal, Akshay Gupta, Gyanendra Shukla, Gaurav Saxena and Adityaraj Patodia represented Global Music Junction Private Limited.Advocates Neel Mason, Vihan Dang, Aditya Mathur and Pragya Jain represented YouTube.
TAGS: Delhi High Court Global Music Junction Private Limited notices Bhojpuri singer Khesari Lal Yadav Justice Sanjeev Narula
