Inreco Entertainment Private Limited filed a commercial suit against Nav Records Private Limited and another for alleged infringement of copyright in soundtracks of Punjabi songs by Jasdev Yamla, which the plaintiff discovered in 2016 when uploaded on the defendant's platform, leading to email correspondences from February 2020 attempting resolution, a cease-and-desist notice in December 2022, and the suit's filing thereafter with dispensation from pre-institution mediation under Section 12A of the Commercial Courts Act 2015 granted initially but revoked by order dated 14 July 2025 on grounds of unexplained nine-year delay post-2016, lack of vigilance, and artificial urgency.
The plaintiff sought review of that order, contending the court overlooked ongoing emails from 2020 demonstrating alertness. The court, relying on precedents, reasoned that review jurisdiction under Order 47 Rule 1 CPC is limited to errors apparent on the record's face, not for reappraisal of evidence or appeals in disguise, and found no such patent error, new discovery, or sufficient reason, as the delay remained glaring and the finding of post-2016 inaction stood justified despite the charted correspondences. The review application and connected interlocutory application were dismissed.
Law Point Settled:
The jurisdiction of review under Order 47 Rule 1 CPC is not that of an appeal and can be entertained only if there is an error apparent on the face of the record, not for mere repetition of arguments or minor mistakes: , Para 5 .
A review is a serious step and proper only where a glaring omission, patent mistake, or grave error has crept in by judicial fallibility, and cannot be a rehearing of the case: , Para 5
An error which is not self-evident and requires a process of reasoning to detect cannot be considered an error apparent on the face of the record for review purposes: ., Para 5
The power to review is a creature of statute, and a review court is not an appellate court; mere possibility of two views or reassessing evidence is not a ground for review: , Para 6.
Review proceedings must be strictly confined to the scope of Order 47 Rule 1 CPC, and are not permissible for rehearing and correcting erroneous decisions:., Para 7
Case Title: Inreco Entertainment Private Limited Versus Nav Records Private Limited: 08.12.20225: RVW-IPD/3/2025:Cal HC: Ravi Krishan Kapur, H. J.
[Readers are advised not to treat this as substitute for legal advise as it may contain errors in perception, interpretation, and presentation]
[Written By: Advocate Ajay Amitabh Suman, IP Adjutor [Patent and Trademark Attorney], High Court of Delhi]
