Court stays Kinjal Dave from singing ‘Char bangadi wari...’

A local court has restrained the famous Gujarati singer Kinjal Dave from singing her smash hit ‘Char Char Bangadi Wari Gadi’ following a copyright row.

A city sessions court had restricted Dave and two music companies – the Mumbai-based RDC Media Pvt Ltd and the Junagadh-based Studio Saraswati – and their partners, agents who conduct live stage concerts from selling the album in any form till January

22. The court passed this exparte order earlier this week and issued a notice to the singer, seeking her reply by the next date of hearing.

The court issued restraining orders after one Red Ribbon Entertainment Pvt Ltd filed a suit alleging infringement of its copyright on the song. The company claimed that it had bought the rights of the song on April 18, 2017 from a music composer, Kartik Patel, who is known as Kathiyawadi King. The company also produced an assignment deed executed with Patel in court.

The company claimed it was Patel who composed the song and uploaded it on You-Tube on September 29, 2016. Dave copied the lyrics and music and recorded the same song and uploaded a video on You-Tube on December 20, 2016, three months later. The company accused Dave and the music companies from Mumbai and Junagadh of infringing on its copyright. The lawyers played both songs before commercial court judge Moolchand Tyagi to support their claim that Dave copied the song from Pat-el’s album and pleaded that if Dave wasn’t restrained from displaying and singing the so-ng, Red Ribbon Entertainment would suffer “irreparable loss”.

After hearing the arguments by Red Ribbon’s lawyers and listening to both songs, the court said, “At this juncture, prima facie it appears that the wording and music of both songs are deceptively similar and the defendants (Dave and two companies) have copied “Char Bangadi Wari Gadi” from the plaintiff's (Red Ribbon) song. Therefore, at this juncture, in my considered view, the plaintiffs have, prima facie, a case in their favour and balance of convenience also lies in the favour of the plaintiff.”