A division bench headed by Justice G Narendar passed the order after the appellant Congress undertook that it will remove the offending content from their social-media platforms by Wednesday.
Partly allowing the appeal, the bench said the matter is sent back to the civil court and the order passed by it will not come in the way of the plaintiff exercising its right over alleged copyright violation.
Earlier, appearing for Indian National Congress, senior advocate Abhishek Singhvi argued that the ex-parte order has been issued without recording any urgency, as required under Order 39 rule 3 of Civil Procedure Code.
Admitting that the playing of the 45-second music of ‘KGF: Chapter 2’ film was a mistake, Singhvi, however, termed the order of the civil court “disproportionate”.
The suit was filed on November 2 and, within a few days and without issuing notice, the interim order has been passed, he told the court. According to him, the order has hurt the defendants in the middle of Bharat Jodo Yatra, paralysing the social-media expression and, at the same time, blocking of Twitter handles of Congress and Bharat Jodo Yatra is of no benefit/relevance to the plaintiff.
Acting on a suit filed by MRT Music alleging infringement of copyright by usage of ‘KGF: Chapter 2’ music in the videos uploaded by Congress over Bharat Jodo Yatra, the Bengaluru court had directed Twitter to take down those videos and block the Twitter handles of INC and Bharat Jodo Yatra. In addition, an electronic audit was also ordered.