I. INTRODUCTION:
On 5th September 2023 a Division Bench of Hon'ble Delhi High
Court comprising of Hon'ble Mr. Justice Manmohan and
Hon'ble Mr. Justice Saurabh Banerjee ("High Court")
rendered a Judgment in Global Music Junction Pvt. Ltd. v.
Shatrughan Kumar1 , 2023 SCC OnLine Del 5479
("Order") in an appeal holding as follows:
"86. To conclude, the Amendment Act, 2018 has taken
away the discretion of the Courts in granting specific performance.
Altering the nature of specific relief from an exceptional rule to
a general rule has been done to ensure contractual enforcement and
to increase adherence to the sanctity of contracts."
The Appeal arose out of an order dated 6th January 2023
("Impugned Order") passed by the Learned
Single Judge of the Hon'ble Delhi High Court. The Learned
Single Judge observed that the production agreement dated 27th May
2021 entered between the Appellant and Respondent No.1, a renowned
artist from Bihar ("Original Agreement")
falls