On 20^th Sept 2024, the Bombay High Court bench of Justice Arif S. Doctor  having  deliberated on a matter pronounced an  order  in a case of a  petitioner  seeking urgent ad interim relief against Defendant No.3,  Sherry Singh,  accused of violating Agreement with Mrs. India Pageant Over Participation in Other Competitions.

Facts of the instant Interim Application  bear that   the counsel  for  the plaintiff  adduced   an ‘Affidavit of Service dated 19^th sept 2024’as proof of  service   upon  the defendant . Taking note of this and the  listing of the matter  for hearing  the court  was satisfied that  Defendant No.3, Mrs. Sherry Singh  was served with the summons despite which she choose   to not   appear before the court and oppose the application.  The plaintiff in the instant case  is the sole proprietor of ‘Mrs India Inc’ which  is engaged in sponsoring, promoting and conducting pageants under the brand name , Mrs India.  Plaintiffs  work involves training, grooming, and mentoring married women who seek to participate in the Mrs. India pageant.  The counsel  submitted  that the Plaintiff holds franchise licenses and authorizations from various international pageants such as Mrs. World Inc., Mrs. Globe, Mrs. Earth, Mrs. Galaxy, and International Summit for the territory of India. 

The counsel  apprised the court of the terms and conditions that contestants/participants in the Mrs India pageant  are bound by  which  he noted  were binding on the Defendant No. 3  Mrs. Sherry Singh  as well.  Drawing attention of the court to specific clauses in the agreement the counsel pointed out that there is a clear mention  that a participant  if selected as winner of the pageant organized by ‘Mrs India Inc shall not participate or become a part of any other pageant during the tenure of her association with Mrs India Inc in any manner whatsoever”.

 The said agreement also  mentions that ‘’Participant agrees and acknowledges that during the Pageant (commencing from the registration for the Pageant) and/or in the event of winning the National Finale, no Participant and/or Winning Participant (including the Runners up) shall be associated with any other pageant as a mentor, judge or even as a participant for a period of 5 (Five) years, failing which it shall considered to be a material default on the part of such Participant of these Participant Terms and Conditions and such winning Participant shall return all prizes, sub-titles, titles, crowns and sashes to Mrs. India Inc in the condition which it was bestowed to the Winning Participant. Further, such defaulting Participant shall be liable and responsible to pay liquidated damages amounting to Rs. 5,00,000/- (Rupees Five Lac only)”

Drawing attention  to an order dated 25^th April 2024  passed by the  same court in these very proceedings the counsel pointed out that this court had on  that date not granted interim relief only on the ground that the application was made belatedly at the 11th hour, but had expressly noted as follows:  "The learned Senior Counsel Mr. Kamath however, is justified his submission that in the wake of the terms and conditions attached to the participation of the respondents, and in the wake of specific clauses in the form of negative covenant, he has right to enforce the same".

The counsel then went on to highlight that the Defendant no.3 had been given  ample opportunity to file an Affidavit-in-Reply to the Interim Application , but she had not done so since April, 2024. He also placed reliance on an affidavit dated 20^th September, 2024  in which it is set out that it had now come to the notice of the Plaintiff that Defendant No.3 i.e. Mrs. Sherry Singh was going to participate in a third party beauty pageant i.e. Mrs. Bharat Universe 2024 which is scheduled to be held in South Korea from 2nd October, 2024 to 9th October, 2024. He pointed out that Defendant No.3 was also intending to travel for participation and training on 26th September, 2024, which was also in breach of the said Terms and Conditions .

 Taking  note of the terms and conditions relied upon  and the order dated 25^th April, 2024 , the court acquiesced to the plaintiff’s prayer granting  interim relief  to the plaintiff  clarifying that that the instant order will only apply to Defendant No.3  Mrs. Sherry Singh. “Pending the hearing and final disposal of the present suit, this Hon’ble Court, be pleased to pass an order of temporary injunction, against the against Respondent Nos. 1, 3, 4, 9, 10, 20, 26 and 28 in participating in any of the Pageant that is being organized either by Respondent No. 26, 29 and 30 and/or any other third partie/s through themselves, their agent/s, representative/s, successors and assigns either organized in India and/or Outside the territorial jurisdiction of India;”

The matter stands over to 18^th October, 2023. 

Case details : Mohini Satyendra Sharma V. Priya Jaggi & Others. Interim Application No. 11339 of 2024 In

Suit (L) No. 1138 of 2024.

M/S. I V Merchant & Co for Plaintiff and Adv Sarthak Shah a/w Pritesh R for Res. 1,2 and 26.

 .