Maharashtra Court Refuses to Restrain Yash Raj Films From Streaming Besharam Rang Song On YouTube & In Pathan Movie
The court said that the no prima facie case was made out by the plaintiff and that no loss would be caused to him if the application was rejected
A Maharashtra Court recently refused to grant a temporary injunction in favour of one Suresh Patil who sought a restrainment order against Yash Raj Films from showing the Besharam Song teaser on Youtube and in Pathan Movie.
The court said that no prima facie case was established by the plaintiff and that if the application was rejected then it would not cause any loss to the plaintiff.
“Moreover from the contentions of the plaintiff, no prima facie case is made out. The plaintiff must come of with something to show foundation for his claim. Hence, plaintiff failed to prove prima facie case. No loss will cause to the plaintiff if application is rejected. Plaintiff is having another remedy. Balance of convenience is also not lies in favour of plaintiff,” the court observed.
The advocate for the plaintiff argued that as per the rule of Sensor Board before publishing advertisements in newspapers, holding, posters, trailers, and teasers it is necessary to show U/A Certificate. However, before publishing the teaser and Beshram Rang song of Pathan movie on YouTube the said certificate was not shown. Therefore, the loss is caused to the plaintiff and society at large, he alleged.
The advocate for the defendant raised an objection to the maintainability of the suit and argued that the application was based on misleading facts. He informed the court that there is no requirement to show the certificate while publishing the advertisement on any OTT platform. Further, the requirement of certification in accordance with the Cinematography Act 1953 is limited to a theatrical description of the film and a video description via DVDs. Therefore, no certificate is to be displayed over internet platforms such as YouTube.
The court agreed with the contentions of the defendant and said that the plaintiff had not satisfied the three conditions for the grant of temporary injunctions:
1. Prima Facie Case
2. Inconvenience to the plaintiff if relief is not granted
3. Person seeking injunction will suffer irreparable loss.
The court, therefore, rejected the plea of the plaintiff and refused to restrain Yash Raj Films from showing a teaser of Besharam Song on YouTube and in the movie Pathan.
Case Title: Suresh Patil vs Yash Raj Films