'Housefull' at the Calcutta High Court; FML, NPC advise


The High Court of Calcutta on Thursday allowed film producer Sajid Nadiadwala of Nadiadwala Grandson Entertainment to use the remixed version of the song 'Apni toh jaise taise' in his comedy flick, ‘Housefull’, subject to several conditions.

Earlier this month, Justice Nadira Patherya of the Calcutta High Court had issued an order restraining the producer from using the song in the film, after a challenge by the Late Prakash Mehra's sons Puneet Prakash Mehra and Amit Prakash Mehra. The song originally appeared in the 1981 film ‘Laawaris’ directed by the Late Prakash Mehra who also wrote the lyrics for the song.

Further, Anandji Virji Shah and Kalyanji Virji Shah's heirs, of the Kalyanji-Anandji duo, who had composed the original score, as well filed a suit in the Calcutta High Court against Nadiadwala Grandson, Super Cassettes, Eros International and Saregama India seeking a permanent injunction from using the music of the original score. Justice Patherya of the Calcutta high court however, refused to grant an interim stay.

A Division Bench of the High Court comprising Chief Justice Mohit S. Shah and Justice K.J. Sengupta yesterday allowed the producer to use the song subject to Eros International furnishing a Rs. 50 lakh ($ 110,000) bank guarantee in favour of the Mehras, and a Rs. 25 lakh ($ 55,200) bank guarantee in favour of Anandji and Kalyanji's heirs within a period of seven days. The matter is now posted for final hearing.

In the suit filed before Justice Patherya by the Mehras, Senior Counsels Goutam Chakraborty and S.N. Mookherjee briefed by Ratnanko Banerjee, D.N.Sharma and S. Roy Chowdhury, appeared before Justice Patherya on behalf of Saregama. Also, Senior Counsel Anindya Mitra appeared for the Mehra brothers, on the instructions of counsels Abhrajit Mitra, Jishnu Chowdhury, Soumya Roy Chowdhury and S. Mukherjee. Senior Counsel S.K. Kapoor briefed by Sakhya Sen appeared on behalf of Eros. Senior Counsel Pratap Chatterjee, briefed by counsels Ranjan Bachawat and Debnath Ghosh appeared as well.

FoxMandal Little led by Kolkata partner Shourya Mandal appeared on behalf of Anandji, while Managing Partner Ameet Naik of Naik Paranjpe & Co., appeared on behalf of Kalyanji's heirs. Both parties briefed counsel Ranjan Bachawat to appear on their behalf.

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Published in Civil Law
Source : bench & bar, http://barandbench.com/index.php?title=%91Housefull%92%20at%20the%20Calcutta%20High%20Court;%20FML,%20NPC%20advise&page=brief&id=725&gn=0
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