This story is from January 25, 2019
Char Bangadi: Singer Kinjal Dave gets Gujarat high court reprieve
AHMEDABAD: Gujarat high court on Thursday granted relief to famous Gujarati singer Kinjal Dave by permitting her to sing in live concerts her smash hit ‘char char bangadi wari gadi’ while a copyright row is going on in a lower court here.
A division bench has quashed the stay ordered by a lower court on Dave’s singing the song in public. The HC cancelled the sessions court’s order on the ground that the court ought not have passed such a stay order without giving hearing to the singer and other concerned music company. Dave had challenged the lower court’s stay order before the HC.
Meanwhile, the HC has asked Dave and her associate music companies to file their reply to the lower court’s notice within three days, said a lawyer involved in the litigation.
Earlier this month, the sessions court had ordered Dave and two music companies – Mumbai-based RDC Media Pvt Ltd and
The company claims that it was Patel who had composed this song and uploaded it on YouTube on September 29, 2016. Dave copied the lyrics and the music and recorded the same song and uploaded the video on YouTube on December 20, 2016, almost three months later. The company accused Dave and the music companies from Mumbai and Junagadh of infringing the copyrights.
A division bench has quashed the stay ordered by a lower court on Dave’s singing the song in public. The HC cancelled the sessions court’s order on the ground that the court ought not have passed such a stay order without giving hearing to the singer and other concerned music company. Dave had challenged the lower court’s stay order before the HC.
Earlier this month, the sessions court had ordered Dave and two music companies – Mumbai-based RDC Media Pvt Ltd and
Junagadh
’s Studio Saraswati – and their partners, agents not to conduct live stage concerts or to sell the album in any form till January 22. The court issued restraint orders after one Red Ribbon firm filed a suit alleging copyright infringement claiming that it had purchased rights of this song on April 18, 2017 from music composer Kartik Patel, who is known as Kathiyawadi King. The company also produced an assignment deed executed by Patel before the court.The company claims that it was Patel who had composed this song and uploaded it on YouTube on September 29, 2016. Dave copied the lyrics and the music and recorded the same song and uploaded the video on YouTube on December 20, 2016, almost three months later. The company accused Dave and the music companies from Mumbai and Junagadh of infringing the copyrights.
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