Bombay High Court grants interim stay on criminal defamation proceedings against Alia Bhatt, producers of Gangubai Kathiawadi

In a relief to producers of the film Gangubai Kathiawadi, and actress Alia Bhatt, the Bombay High Court recently stayed the summons issued by a Magistrate Court in a criminal defamation complaint filed against them..The Metropolitan Magistrate at Mazgaon, Mumbai had issued the summons in the defamation complaint filed by one Babuji Shah who claims to be the adopted son of Gangubai Kathiawadi.He claimed that the chapters on Kathiawadi in the novel The Mafia Queens of Mumbai (on which the film is based) were defamatory, tarnished her reputation and infringed upon her right to privacy..The producers, Bhansali Production Private Limited along with Sanjay Leela Bhansali and Bhatt, moved the High Court challenging issue of such summons. Senior Advocate Aabad Ponda appearing for the producers and Bhatt that they had no knowledge of the existence of Shah, the alleged adopted son of Gangubai Kathiawadi..He also highlighted the order of the Mumbai City Civil Court dismissing 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..Mumbai Court dismisses suit seeking injunction against authors of Mafia Queens of Mumbai and producers of Gangubai Kathiawadi.After issuing notice to the respondents, Justice Revati Mohite Dere stayed the proceedings till the next hearing date which is on September 7, 2021..Shah had also approached the High Court challenging the order of the Mumbai City Civil Court dismissing the plaint under Order VII Rule 11 of the Code of Civil Procedure..The suit before the lower court sought permanent injunction against the authors S Hussain Zaidi and Jane Borges 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 producers had filed the application for dismissal of the suit which was allowed by the Civil Court. .Through an interim application in the appeal, Shah sought urgent orders of stay on the release of the film by the producers..Advocate Mayur Khandeparkar appearing for the producers, opposed such appeal contending that "the suit at the behest of legal heir of person alleged to be defamed is not maintainable" and had been rightly rejected by the trial court. Shah had also failed to show any legal injury caused due to such alleged defamation, he added. .Justice Nitin Sambre observed that the law on the principle of Torts that 'an action dies with the person, in a defamation proceedings' is required to be appreciated. "The contents of defamatory nature against so called adoptive mother of the Appellant dies with her death," Justice Sambre stated. .The Court also noted that Shah had failed to demonstrate how he is the adoptive son of Kathiawadi and rejected the interim application. .Bhansali Productions and Bhatt were represented by Ponda and Khandeparkar, who were briefed by a team from DSK Legal comprising of Partner Chandrima Mitra, Associate Partner Parag Khandhar and Principal Associate Prachi Garg.Zaidi and Borges were represented by Advocates Madhu Gadodia and Sujoy Mukherji from Naik Naik & Company..[Read Justice Dere's order].[Read Justice Sambre's order]