MUMBAI: Civil Court on Wednesday dismissed a suit seeking a permanent injunction against the authors of The Mafia Queens of Mumbai to restrain them from publishing, selling or creating third party rights on their novel.
The suit had also sought an injunction against Bhansali Productions from producing, directing or airing the promo of any film based on said novel.
The novel authored by S Hussain Zaidi and Jane Borges contains chapters on the late Gangubai Kathiawadi, a social activist who worked for the rights of sex workers. Bhansali Productions is in the process of making a feature film called Gangubai Kathiawadi, based on the novel.
The suit filed by one Babuji Shah, purported adopted son of Gangubai Kathiawadi claimed that the chapters on Kathiawadi in the novel were defamatory, tarnished her reputation and infringed upon the right to privacy and self-respect of his purported deceased mother.
The suit filed through Advocate Narendra Dubey stated that the authors did not seek permission or consent from the plaintiff Babuji Shah - who claims to the legal heir of Kathiawadi - before writing the novel or making a movie based on the novel.
He claimed they did not obtain any information on Kathiawadi from him or any other family members.
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Director Sanjay Leela Bhansali had filed a notice of motion on behalf of Bhansali Productions and Bollywood actress Alia Bhatt, who was also added as a defendant in the suit. They had sought rejection of the plaint under Order VII Rule 11 of the Code of Civil Procedure (CPC) on the following grounds:
·Suit is barred by limitation since the novel was published in the year 2011 and the suit was filed only in December 2020;
·Babuji Shah has not submitted any proof to substantiate his claim that he is the adopted son of Kathiawadi nor show any evidence as to how the legal requirements of adoption were not complied with;
·Consequently, Babuji Shah does not have any locus standi to file the present suit and there is no cause of action;
·He also failed to join the other family members who he claimed to have been wronged due to the contents in the book;
·Bhatt, who is added as a defendant in the suit, is only an artist and has no role in the production of the movie.
·After hearing both sides extensively, Additional Sessions Judge RM Sadrani allowed the notice of motion filed by Bhansali Productions and rejected the plaint filed by Shah.
·A detailed order is awaited.
Bhansali Productions and Bhatt were represented by Advocate Pradeep Gandhy, who was briefed by a team from DSK Legal comprising Managing Partner Anand Desai, Partner Chandrima Mitra, Associate Partner Parag Khandhar and Principal Associate Prachi Garg.
Zaidi and Borges were represented by Advocate Rashmin Khandekar, who was briefed by Naik Naik & Company.
SOURCE – BAR AND BENCH
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