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Synopsis

A single-judge bench of the Bombay High Court comprising Justice RI Chagla has refused to stay the release of the Bollywood movie ‘Dream Girl 2’ which is set to hit the theatres tomorrow. 

The bench while refusing to stay the release of the movie ‘Dream Girl 2’ recorded that the interim application was filed by the plaintiff only on 18th August and the eleventh hour the films could not be prevented from releasing.

“The Interim Application has only been filed on 18th August, 2023. The Respondents have not had an opportunity to reply to the Interim Application. It is well settled that at the eleventh hour, films should not be prevented from their release. An opportunity is required to be given to Respondent / Defendant to file their reply to the Interim Application,” the bench noted.

The high court was hearing an interim application filed by Ashim Kumar Bagchi on 18th August, seeking a stay on the release of the movie 'Dream Girl 2'. The order was passed by the high court on 22nd August.

In his plea, Bagchi argued that he had registered the screenplay and script of the movie with the Screen Writer Association, and he alleged a copyright violation as it was his original literary work.

Moreover, he contended that after watching the movie trailer, he identified similarities in both the plot and the characters. Bagchi subsequently sent a notice to Ekta Kapoor, the producer. However, as he received no response to his notice, he approached the high court.

Bagchi sought an interim injunction to prevent the movie's release until the suit was decided.

The court however said that an opportunity had to be given to the respondents to file their reply to the commercial suit filed by Bagchi.

Therefore, the high court granted one week of time for the respondents to file their reply.

Case title: Ashim Kumar Bagchi vs Balaji Telefilms Limited & Ors.,