'Fanney Khan' starring Anil Kapoor, Aishwarya Rai and Rajkummar Rao will release as scheduled on August 3 after India's top court rejected a plea made to withhold it on Wednesday.
Pooja Entertainment of Vashu Bhagnani, which claimed that it has the all-India rights to distribute the film, approached the Supreme Court asking it to stay the release of the film on the allegation that other distributors have been given rights by the film's producers.
After a brief hearing, a bench comprising justices Rohinton Nariman and Indu Malhotra dismissed the plea by Pooja Entertainment, without making observations in the matter.
Background
In its petition, Pooja Entertainment claimed its reputation, fair name and profitability has been “adversely and unfairly affected, in a most unjustified and unseemly manner, owing to certain machinations and surreptitious arrangements between Kriarj Entertainment Private Limited, Mumbai and Super Cassettes Industries Private Limited New Delhi, in relation to all India distribution rights of the film 'Fanney Khan' ”.
Pooja Entertainment said though the sole distribution rights for the film were sold to it for a sum of Rs. 10 crores, and a sum of Rs. 8.50 crores has been paid to the producers and duly acknowledged. However, in connivance with others, the rights were parted with its entire co-production and distribution rights, it claimed.
Senior advocate Rajeev Dhavan and advocate Ravi Prakash Mehrotra, representing Pooja Entertainment, said, 'We had the sole distribution rights over the film after a MoU and payment of Rs 8.5 crore out of Rs 10 crore.'
Senior advocate Amit Sibal, appearing for the distributors, claimed Pooja Entertainment had earlier approached the Bombay High Court, which refused an interim injunction on the release of the film. He said Pooja Entertainment approached the Bombay High Court without disclosing the fact that a suit was already pending before the Delhi High Court in connection with the same case.
In the case, one suit each was filed before the Delhi High Court and Bombay High Court, respectively. Pooja Entertainment wanted the transfer of the suit pending in the Bombay High Court to the Delhi High Court or to the Supreme Court and the release of the film stayed in while the case was resolved.
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