The Maharaja Organisation Ltd vs Viacom International Inc – sllr 2021 volume 3 page 026

In the case between The Maharaja Organisation Ltd. (plaintiff) and Viacom International Inc. and another (defendants), the court addressed the validity of an appeal filed as a final appeal rather than as a leave to appeal or by presenting a plaint. It was determined that the appropriate remedy must be guided by the interlocutory or final nature of the impugned order, emphasizing the “application approach” as the correct criterion for assessing finality. The findings established that the Commercial High Court’s order, which rejected a petition of appeal while allowing the petitioner to present a plaint, was interlocutory in nature, thereby precluding a direct appeal. Reliance was placed on the legal principle articulated in Chettiar’s decision, which was found to function as a declaration o