Court refuses to entertain Puja Films' application to halt the release of "Hai Jawani Toh Ishq Hona Hai" due to unexplained delay and existing parallel litigation.
In a significant ruling, the Bombay High Court has dismissed an urgent application filed by Puja Films, now known as Puja Entertainment (India) Ltd., seeking to restrain the release of the film "Hai Jawani Toh Ishq Hona Hai" and its songs. The decision, delivered by Justice Farhan P. Dubash, highlighted the plaintiff's act of forum shopping and an unexplained delay in seeking relief as primary reasons for the dismissal.
The legal tussle began when Puja Films filed a suit in the Civil Judge, Senior Division - I at Katihar, Bihar, seeking similar reliefs against the film and obtained ex-parte ad-interim orders on May 6, 2026. However, these orders were stayed by the Supreme Court on May 22, 2026, leading to the current proceedings in the Bombay High Court.
Justice Dubash noted that Puja Films' application sought to advance the hearing initially set for June 5, 2026, to June 3, 2026. However, the court found that the plaintiff had already engaged in parallel proceedings in another jurisdiction and had attempted to withdraw the earlier suit without obtaining requisite permissions, thereby engaging in forum shopping.
The court further observed that significant arrangements had been made for the film's release, including the booking of approximately 1900 cinemas and 3000 screens in India and 725 cinemas and 1100 screens overseas. These preparations, known to Puja Films since November 2025, rendered the urgent plea unjustifiable.
Representing the defendants, Senior Advocate Mr. Ravi Kadam argued against the grant of urgent reliefs, citing the plaintiff's delayed approach and ongoing proceedings in another court. Mr. Ashish Kamat, another senior advocate for the defendants, supported these submissions.
The court concluded that it would not entertain the urgent application, emphasizing the need for consistency in legal proceedings and discouraging forum shopping. The matter is scheduled to be listed before the regular court on June 8, 2026, allowing the respondents to file their replies by then.
Bottom line:-
Reliefs sought to restrain the release of a cinematographic film and its songs cannot be entertained if the plaintiff is guilty of forum shopping, causes unexplained delay, and has a similar suit pending in another jurisdiction.
Statutory provision(s): Civil Procedure Code, 1908
Puja Films v. Tips Industries Pvt. Ltd., (Bombay) : Law Finder Doc id # 2915393
