Actress suit: HC grants interim stay on single judge order

The Madras High Court today granted an interim stay on the order of a single judge who dismissed a suit filed by actress Kajal Agarwal seeking Rs 2.50 crore damages from a coconut oil manufacturing firm in connection with use of advertisement commercials in which she had acted.
Agarwal had filed the suit claiming the firm violated the agreement. She maintained that the firm had no right to use the advertisement materials of 2008 in subsequent years without her consent.
Her claim was opposed by the firm which contended that there was absolutely no violation. The actress had sought a permanent injunction against the advertisement commercial and damages.

The single judge had held that the firm was the owner of the copyright in respect of the advertisement commercial, according to the Copyright Act, following which the actress filed an appeal against the order.
A division bench of justices Rajiv Shakder and N Sathishkumar granted interim injunction till the disposal of the 'original side appeal' restraining the firm from using the profile of the actress.
"In spite of notice given to respondent he had not chosen to appear. Interim injunction granted till disposal of original side appeal," the bench said.
Apart from seeking to set aside the single judge order, Agarwal also sought an interim injunction restraining the firm from using her profile for business advertisements in any manner whether it may be through pamphlets or any kind of business promotion or cinematography materials.

The actress contended that the single judge's dismissal of the suit was not based on law and facts of the case.