Ahmedabad Gujarati singer Kinjal Dave fined Rs 1 lakh for singing Garba song ‘Char Char Bangdi Vadi Gadi’

Dave, by her own admission during the trial, had submitted before the court that she had sung the disputed song 20-25 times in the year 2023. The court had restrained Dave from using the song by way of an order in October 2022 after Australia-based Gujarati singer Kartik Patel moved the civil suit against Dave through Red Ribbon Entertainment Pvt Ltd alleging copyright infringement and sought an injunction against Dave performing or playing the song under provisions of the Civil Procedure Code (CPC).

Dave had, however, claimed before the court that she was “under the bonafide impression” that the interim order holds that sans the catchy music at some parts of the song, the remaining song bears no similarity to Patel’s song. Thus, by changing the notations in the said catchy parts after consulting with music experts, she had performed the song, making the music and sound “completely different”.

Dave, in her defence, also added that she is a “young artist not having any legal understanding and basis and bonafidely sang the songs”.

The court of Judge Bhavesh Avashia, however, observed, “It is as clear as bright day light that knowing fully well herself that she has been restrained from singing the disputed song till final disposal of the suit…she has sung this song not only one time, but more than 20 to 25 times in a year.”

The court reasoned that the injunction order from October 2022 there was no condition included that permitted Dave to perform the song after changing parts of it and was “a straightforward prohibitory order”, and “all the parties would have to give utmost respect to the order passed by the Court.”

“No party is permitted to change or modify or read the order in his/her convenient manner,” the court reiterated.

The court also dismissed her defence that she did not have legal understanding, with the court observing, “First, the ignorance of law can never be an excuse for anybody. Secondly, (Dave) is a well-educated and self made lady. The disputed order, which has simple meaning and there is no ambiguity in it…the first argument of catchy music raised by her, proves that (Dave) has read and understood each line of impugned Order. Therefore, now she cannot take escape of ignorance of law and legal understanding of Order.”

Dave also tendered an unconditional apology, which was not accepted by the court.

Noting that the court “believes that (Dave) has intentionally, deliberately disobeyed the injunction order”, the court held that she is liable for penal action as envisaged under the CPC.

The court directed Dave to pay Rs 1 lakh as damage to Patel within seven days, failing which she shall suffer incarceration in civil prison for a period of one week.