Bad Boy Billionaires Series: Telangana HC Directs Civil Court To Decide On Streaming Netflix's Episode On Ramalinga Raju

The Court was dealing with Netflix's appeal against the order passed by the Additional Chief Judge, City Civil Court, Hyderabad granting ad-interim injunction in favour of Raju and restraining the platform from streaming series using his name/ image/ reference. The Court had also placed an injunction on the trailer released thereof.

Netflix submitted that the impugned order is being extended from time to time and continues to be in force till date. 

The Court, while taking note of the appeal, ordered the Additional Chief Judge, City Civil Court, Hyderabad, to dispose of the matter on merits within a period of three weeks.

While passing the order, the division bench noted that the City Civil Court had ignored the provisions of Order XXXIX, Rule 3A of the CPC, which requires the Court to finally dispose of an application within thirty days from the date on which the injunction was granted, when such injunction has been granted without giving notice to the opposite party.

The division bench of Justice Dr. Shameem Akther and Justice Nagesh Bheemapaka noted:

"When the matter is sub judice before the Court below, it is not appropriate to go into the merits and express an opinion at this stage. In such an event, it will have a bearing over the determination of the subject I.A. No. 567 of 2020. Further, Order XXXIX Rule 3A mandates that where an injunction has been granted without giving notice to the opposite party, the Court shall make an endeavour to finally dispose of the application within thirty days from the date on which the injunction was granted; and where it is unable so to do, it shall record its reasons for such inability. In view of the pendency of this CMA before this Court, the Court below had not adverted to the provisions of Order XXXIX Rule 3A of CPC. In view of these circumstances, the learned XXV Additional Chief Judge, City Civil Court, Hyderabad, is directed to dispose of the subject I.A.No.567 of 2020 in O.S.No.160 of 2020, pending on its file, within a period of three (3) weeks."

Case Title: Netflix Entertainment Service India LLP v. Byrraju Ramalinga Raju

Case No: Civil Miscellaneous Appeal No. 326 of 2020

Coram: Justice Dr. Shameem Akther and Justice Nagesh Bheemapaka

Citation: 2022 LiveLaw (Tel) 92 

Click Here To Read/Download Order