1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 3021 OF 2008 IN SUIT NO. 1253 OF 2007 Zee Entertainment Enterprises Ltd. ... Plaintiff Vs 1. Gajendra Singh & 2 ors. ... Defendants Mr. Pritesh Rajgor i/b PDS Legal for the Plaintiffs. Ms. Hemlata Marathe i/b M/s. Jehangir Gulabbhai & Bilimoria Daruwala for the Defendant No.1. Mr. Sanjay Kadam with Ms. Apeksha Sharma i/b Kadam & Co. for the Defendant No.3. CORAM: S.J. VAZIFDAR, J. DATED : 14TH DECEMBER, 2009. P.C.: 1. This is the Plaintiff’s Notice of Motion for various reliefs, including the attachment of the property of the Defendants and striking out their defence on the ground that there is a willful breach of the order dated 8th October, 2007. 2 2. By the said order, the Defendants were, inter alia, restrained from telecasting any further episodes of the serial. Despite the same, the Defendant No.3 telecast an episode of the said serial on 16th July, 2008. Although technically, there is a violation of the order, no action for contempt of court is called for in the facts and circumstances of the case. This was the solitary instance of an episode of the said serial being telecast. There does not appear to have been any willful violation of the order. The same seems to be inadvertent. This is evidenced from the fact that it was not a subsequent episode that was telecast, but a previous episode that was telecast. Further, the episode that was telecast was not a part of a scheme of re-telecasting the episodes. 3. In the circumstances, this is a fit case to accept the apology on behalf of the Defendant No.3 for the inadvertent error. The apology for the technical lapse is, accordingly, accepted. No other orders are called for. 4. Notice of Motion is, accordingly, disposed of.