This case arose when Emami Limited (Defendant) used the song ‘Udi Jab Jab Zulfein’ from the film ‘Naya Daur’ in their advertisement for Emami Kesh King Hairfall Shampoo without obtaining a license from Saregama India Limited (Plaintiff), which holds the copyright for the song. Saregama India Limited filed an application under Order 39 Rule 1 & 2 and Section 151 of the Code of Civil Procedure, seeking an interim injunction to restrain Emami Limited from using the musical and literary works of the song without a license.