Gill had entered into a contract with Simran Music Industries in September 2019 by signing a document which she later contended was misrepresented to her as a mere “Memorandum of Understanding” (MoU) with respect to the future working relationship of the parties.
On finding that Simran was sending e-mails to third parties claiming that Gill was its exclusive artist as per their 2019 agreement, Gill approached demanded a copy of the agreement, which Simran refused to share.
Subsequently, Gill sent two legal notices to Simran, questioning its illegal actions and asking it to desist from addressing any further correspondence to third parties by making false accusations regarding her. In the second notice, Gill also told Simran that she had rescinded the said agreement and was, in no way, bound by the same.
However, in February 2023, Gill found that Simran, after two years, suddenly raised an ownership conflict with regard to Gill’s music video, which was released on YouTube in December 2022.
Consequently, Gill filed a suit for a declaration that the agreement of September 2019 between her and the petitioners was void and unenforceable. She also sought a permanent injunction from the court to prevent the petitioners from claiming ownership over her works and from defaming her or threatening third parties willing to work with her.
The trial court dismissed Gill’s application for a temporary injunction, stating no prima facie case was made.
The appellate court, however, allowed Gill’s appeal, finding that her reputation was being harmed by the petitioners and that the contract between the parties was not validly executed.
Source: Barandbench
