"Delay in approaching the Court cannot deny right to the title of the film"
NEW DELHI: 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).
The appellant submitted that the respondents had infringed on its intellectual property rights by copying the title of a film produced by it called "Nisshabd'' with financial support from the French Government.
The Central Board for Film Certification had cleared its film "Nisshabd'' in June 2005 and thereafter it was screened at various international film festivals including the Cinefan Festival of Asian films, the appellant stated.