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2026 DAILYLAW 15897 (KAR)

AIRTEL DIGITAL LIMITED v. HAMSALEKHA

WP/9083/2024 · 2026-02-10

Tara Vitasta Ganju

body2026

Judgment text

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HC-KAR NC: 2026:KHC:7852 WP No. 9083 of 2024 - 1 - IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MS. JUSTICE TARA VITASTA GANJU WRIT PETITION NO. 9083 OF 2024 (IPR) BETWEEN: AIRTEL DIGITAL LIMITED, COMPANY REGISTERED UNDER COMPANY ACT, BRAND OWNER OF “WYNK MUSIC”, NELSON MANDELA ROAD, VASANT KUNJ PHASE-II, NEW DELHI-110 070, (REPRESENTED BY ITS GPA HOLDER, MAHESH.V) …PETITIONER (BY SRI. MANU.K., ADVOCATE) AND: 1. HAMSALEKHA S/O. GOVIND RAJU, AGED ABOUT 70 YEARS, RESIDING AT NO. 1092/93, 10TH ‘C’ CROSS, 11TH MAIN ROAD, 2ND STAGE, MAHALAKSHMIPURAM, BENGALURU-560 086. 2. M/S. MARS FILMS PARTNERSHIP CONCERN, REGISTERED UNDER PARTNERSHIP ACT, 1932, BRAND OWNER “KHANKAR MUSIC”, NO.53/A, GROUND FLOOR, KHADHI COMMISSION HBCS, VIVEKANANDANAGAR, KATRIGUPPE MAIN ROAD, BANGALORE-560 085. HC-KAR NC: 2026:KHC:7852 WP No. 9083 of 2024 - 2 - 3. SAAVN MEDIA PVT. LTD., REGISTERED UNDER COMPANIES ACT, 2013, BRAND OWNER OF ‘JIOSAAVN’, A WING, 19TH FLOOR, ONE BKC, GB LOCK, BKC BANDRA (EAST), REPRESENTED BY ITS DIRECTORS, MUMBAI-400 070. 4. HUNGAMA DIGITAL MEDIA ENTERTAINMENT PVT. LTD., REGISTERED UNDER COMPANIES ACT, 1956, SF-B-07, ART GUILD HOUSE, PHOENIX MARKET CITY, LBS MARG, KURLA (W), MUMBAI-400 070. 5. GAMMA GAANA LIMITED REGISTERED UNDER COMPANIES ACT, 2012, EXPRESS BUILDING, 9-10, BAHADURSHAH ZAFAR MARG, NEW DELHI-110 002. REPRESENTED BY ITS DIRECTOR. …RESPONDENTS (BY SRI. ASHOK.M.PATEL., ADVOCATE FOR R1; R2-SERVED) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO-QUASH THE IMPUGNED ORDER AT ANNX-A DTD 26.10.2023 PASSED ON IA NO. 1 BY THE HONBLE XVIII ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU IN OS NO. 4967/2021 AND ETC. THIS PETITION IS COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MS. JUSTICE TARA VITASTA GANJU HC-KAR NC: 2026:KHC:7852 WP No. 9083 of 2024 - 3 - ORAL ORDER 1. The present petition seeks to withdraw an order dated 26.10.2023 passed on I.A.No.1 in O.S.No.4967/2021 by learned XVIII Addl. City Civil and Sessions Judge, Bengaluru (hereinafter referred as ‘Impugned Order’). 2. A memo has been filed by Respondent No.1 stating that the said order was also challenged by Respondent No.2 before this Court and a Co-ordinate Bench in W.P.No.29428/2023 has already decided this issue. It is apposite to set out the relevant portion of the order dated 21.08.2024: SW “9. In the result, I pass the following: ORDER (1) The petition is hereby allowed-in-part. (ii) The impugned order insofar it relates to directing the petitioner defendant No.1 to produce documents and particulars is hereby set aside. (iii) However, the impugned order insofar as it directs grant of discovery of documents enumerated in the application-I.A.1 is hereby confirmed. (iv) The Trial Court is directed to consider and pass appropriate orders on the application filed by the petitioner under Order VII Rule 10 CPC the Trial Court and only thereafter the Trial Court shall proceed further in the matter in accordance with law”. HC-KAR NC: 2026:KHC:7852 WP No. 9083 of 2024 - 4 - 3. Learned counsel for the petitioner fairly concedes that he has not challenged this petition since the Impugned Order has already been adjudicated by a Co-ordinate Bench of this Court and that order has attained finality. 4. The present petition does not survive and is accordingly dismissed. All pending applications stand closed. (TARA VITASTA GANJU) JUDGE SNB List No.: 2 Sl No.: 5 Digitally signed by TARA VITASTA GANJU Location: HIGH COURT OF KARNTAKA