The Maharaja Organisation Limited v. Viacom International Inc. and The Director General of Intellectual Property – SC CHC APPEAL 4/2002-2021

In the case between The Maharaja Organisation Limited (Appellant) and Viacom International Inc. together with the Director General of Intellectual Property (Respondents), the Court addressed the issue of whether the correct remedy against an interlocutory order of the Commercial High Court was by way of a final appeal or an application for leave to appeal. The Court held that the impugned order of the Commercial High Court was interlocutory, not final, and thus not appealable by way of a final appeal; the appropriate procedure was to seek leave to appeal. This holding reaffirmed the principle distinguishing between interlocutory and final orders, emphasizing that procedural compliance is essential, particularly when statutory provisions and case law (including Chettiar’s case and its subse