It is pure luck for Ram Gopal Varma. The Delhi High court has denied Kanungo Media’s request to stay the release of Ram Gopal Varma's latest movie, Nishabd. According to the chief justice of the court, A.K. Sikri, the plaintiff brought the allegation just ten days before the release of the movie. He should have approached the court earlier. I am quoting from the report published in The Hindu:
The Delhi High Court on Thursday will take up for hearing an appeal challenging the dismissal of a suit seeking a stay on release of the new Bollywood film "Nishabd'' under its present title.
Justice A.K. Sikri of the Court this past Tuesday had dismissed the suit by Kanungo Media Private Limited on the ground of delay in approaching it for relief.
"Injunction of the nature pressed by the plaintiff cannot be granted to it at this stage when it approached the Court barely 10 days before the proposed release of the film with the same title,'' Mr. Justice Sikri said in his judgment. "The plaintiff has lost the chance of getting a temporary injunction by not approaching the Court earlier. By his action and allowing the things to happen, it has slipped an opportunity,'' Mr. Justice Sikri stated.
In the appeal, counsel for the appellant submitted that the delay in approaching the Court could not deny his client's right to the title of the film. The film is scheduled for released this Friday (March 2).
According to another report published in Times of India, the court also said that the plaintiff, Jahar Kanungo, knew about the movie title since last year. In April 2006, it was announced that a movie with such title will be produced, and trailer has been broadcast since December 2006. However, Kanungo approached the court just before the release of the movie. Kanungo’s leagal counselor, Kartik Jaishanker, said that approaching late does not change the plaintiff’s rights to the title of the film.
Honestly, I think Kanungo media should have made its move earlier. The point made by the court though sounds bitter is true. It is also true that Ram Gopal Varma’s film subject is different from that of Kanungo’s which is a documentary film.
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