Karnataka HC Allows Screening Of Ajay Devgan Starrer ‘Maidaan’ To Continue; Stays Injunction Order In Copyright Infringement Case

The bench of Justice S.R. Krishna Kumar was hearing a Writ Petition filed by Boney Kapoor of Bayview Projects Private Limited, Mumbai against the temporary injunction granted by the lower Court.

Senior Counsel Sajjan Poovayya appeared for the Petitioner.

The Plaintiff, C.R. Anil Kumar claimed that ‘Maidaan’ was based on his story which he claimed to have registered in 2019. He filed the suit for Copyright infringement after watching the trailer of the movie.

The Counsel for the Petitioner contended that the impugned order is a cryptic, laconic, non-speaking and unreasoned order, without any application of mind and contrary to the principles for grant of ad-interim ex-parte order of temporary injunction as contemplated under Order 39 Rule 3 CPC.

It was further contended that except stating that the petitioner had released the trailer/teaser more than 1.5 months before institution of the instant suit, there was no other material placed on record to even remotely establish alleged infringement of the alleged copyright.

The petitioner relied on the decision in R.G.Anand vs. M/s.Delux Films & others (1978) 4 SCC 118 and submitted that the impugned order is contrary to the principles relating to the grant of injunction in copyright disputes.

Learned Counsel also submitted that in the absence of plaintiff producing either the script of the movie “Maidaan” or the entire movie itself which had undisputedly not been released as of the date of the impugned order, the trial court fell in error in coming to the erroneous conclusion that there was infringement of the alleged copyright of the plaintiff.

It was also submitted that impugned ad- interim ex-parte order of temporary injunction would have the detrimental effect of stalling and preventing the worldwide theatrical / OTT release of the movie “Maidaan” by the petitioner and other defendants, especially when the filming of the aforesaid movie commenced as long back as in the year 2019 and was prolonged on account of covid-19 pandemic and as a consequence, the impugned order has resulted in irreparable injury and hardship to the petitioner.

The Court stayed the lower Court decision and listed the matter for the next hearing.

Cause Title: Boney Kapoor v. C. R. Anil Kumar