"Chhapaak" Set To Release On January 10 As Bombay HC Refuses Relief To Writer Who Claimed Copyright Infringement By Filmmakers

Justice SC Gupte questioned the plaintiff's lawyer as to how a case of copyright infringement is made out?

Appearing for the plaintiff, Advocate Girish Godbole sought directions to the court commissioner to see the script written by Rakesh Bharti (plaintiff) and then compare it to the movie.

"How do you claim copyright infringement in the plaint. Show us that your work is in public domain or that people had access to it to prove the infringement.

If you want a pre-release relief, you have to make out a case, the court needs to see if a case is made out. You are claiming monopoly on a real-life instance, show us copyright infringement either in concept or story.

If there is a similarity please find out and let us know, otherwise anyone will come to court and ask for such directions" Court said.

As the plaintiff's counsel did not press for the ad interim relief, all contentions were kept open and case was adjourned for six weeks. This means that the movie can now be released as per the scheduled date, ie, on January 10.

In yesterday's hearing an affidavit filed by Director and Producer Meghna Gulzar was submitted by her counsel Dr.Birendra Saraf. The affidavit stated-

"Plaintiff seeks to protect the mere idea/ or concept of a film based on the life of Laxmi Agarwal. This is apparent since the plaint doe not sustain a claim of copyright infringement and only consists of bald, vague and unsubstantiated allegations without placing any relevant material on record"

Gulzar also said that the said suit had been filed with an ulterior motive to gain publicity and to obstruct or delay the release of the film.