The Hindu : New Delhi News : Court refuses stay on "Nishabd"

Online edition of India's National Newspaper
Wednesday, Feb 28, 2007
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New Delhi

Court refuses stay on "Nishabd"

Staff Reporter

Release of new bollywood film "Nishabd"

NEW DELHI: The Delhi High Court on Tuesday dismissed a suit by Kanungo Media Private Limited seeking a stay on release of the new Bollywood film "Nishabd'' under its present title on the ground of delay in approaching the Court for relief.

Dismissing the suit, Justice A.K. Sikri said: "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.''

"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.

The film is scheduled for release this coming Friday, March 2.

The Court had reserved the judgment on February 23 on conclusion of arguments by counsel for the plaintiff and for the respondents.

The plaintiff had made Ram Gopal Varma's RGV Film Factory, Adlabs Films Limited and Super Cassettes Limited respondents in the suit.

The plaintiff submitted that the respondents had infringed on its intellectual property rights by copying the title of a film produced by it called "Nishabd'' with financial support from the French Government.

The Central Board for Film Certification had cleared its film "Nishabd'' in June 2005 and thereafter it was screened at various international film festivals including the Cinefan Festival of Asian films.

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