Ahmedabad: In a relief to famous Gujarati Singer Kinjal Dave, the Gujarat High Court today removed the restriction put by a local court on her singing her most popular song ‘Char-Char Bangadi Wali Gaadi–‘.

However Dave will have to give her reply in the court in the matter related to alleged copyright violation in 3 days.

The court of Justice Harsha Devani and A P Thakar, which was hearing the appeal of Dave against the commercial court order of January 1, removed the restrictions and asked her to submit her reply in 3 days.

Her advocate said that Kinjal can now sing the song or upload it till further order of the court. ‘The high court cancelled the order of the commercial court on the ground that it was issued ex-party (in the absence of the Kinjal’s counsel) and there was no reason assigned for it. Now the matter would be heard by the court in presence of both the parties and the decision thus issued would be binding upon both the parties,’ he said.

Her father Lalit Dave expressed happiness over the development.

Notably the judge of commercial court here had issued the order on January 1 in this regard after hearing the complain of the Red Ribbon Entertainment Pvt Ltd of Mumbai which had claimed that the song was an original piece of Melbourne (Australia) based Kathiawadi singer Kartik Patel. He had uploaded the original song way back in 2016 and Kinjal’s song was a copy of it with slight changes. They have also objected that no credit has been given to the original creator of the song by Kinjal which was uploaded on you tube later that year. The court in its order has also restrained Kinjal and others concerned from selling the song, conducting live stage concerts, online download, making of new cassettes and CDs till the next date of hearing ie January 22.

Kinjal on the other hand has claimed that she has not sung any copied song. ‘This song was written by Manubhai Rabari more than two and a half years ago and was recorded in the Saraswati Studio. The legal battle itself was itself going on for around 2 and a half years,’ She said.

Kartik, on the other hand said that the high court relief to Kinjal on technical ground won’t last for long as during the course of hearing the truth would prevail. The credit should be given to the original creator.

Earlier during course of hearing the court had rebuked both the parties. It has asked Kinjal as to why she did not file a reply in the lower court. The high court also asked the plaintiff as to why he chose to file the case after passage of such a long time.

DeshGujart