[Baal Shiv piracy case] Indian mythologist approaches Bombay High Court seeking injunction against Zee Entertainment

The Bombay High Court on Thursday made strong observations against Zee Entertainment Enterprises Ltd in a copyright infringement suit filed by a writer and mythologist alleging copyright violation with regard to the television series 'Baal Shiv' which is slated to be aired from August 31, 2021..The plaintiff, Chotenlal Saini had approached the Bombay High Court seeking an order of injunction against Zee Entertainment Enterprises Ltd. to perpetually restrain them from releasing the series 'Baal Shiv'.Saini, termed it a case of piracy, stating in his petition that he had first conceptualised the idea of 'Baal Shiv' and had contemplated making a television series out of the same. Saini purportedly communicated his fleshed out idea to the representatives of Zee under express confidentiality. .However, he discovered that Zee had breached the confidentiality when he came across their announcement regarding the release of the series which he claimed was plagiarized from his idea.Saini then moved the High Court seeking a temporary restraining order against Zee from releasing the series..Justice Gautam S Patel at the outset told Senior Advocate Virag Tulzapurkar appearing for Zee to either make a statement right away that the series will not be released till the matter is heard or face a court order restraining Zee from releasing the series. "A radical concept which conceptualises a mythological character in this fashion, is something which the writer has thought of. You not only took it from him, but did all this behind his back. You either take an injunction or make a statement," Justice Patel said rapping Zee..He also added that if a statement is made he will list the matter in 2 weeks; and if no statement is made then he will order injunction and then list the matter for hearing in due course.Justice Patel clarified that Zee could not use excuses like "money spent in promotion" or "release has been publicised considerably" as an excuse to get away.He also asked Tulzapurkar to get instructions on the aspect of credit or royalty to be given to Saini in the present case. "You think you will do whatever you want and the Court will do nothing. Watch!" Justice Patel said..On instructions, when Tulzapur refused to make the statement, the Court listed the matter for hearing on ad-interim reliefs tomorrow..Saini claimed in his petition that Zee not only ransacked his idea but also the lifted the detailed story that was narrated for producing the series."The concepts/idea of 'Baal Shiv' itself was a unique selling prospect because the same is not contemplated at all in Indian mythology," the plaint stated..After Zee informed Saini that they were not interested in producing his series despite repeated narrations, Saini tried approaching other channels to pitch his idea. Saini had also registered the title under Trademarks Act..To Saini's shock, in August 2021, Zee released three teaser trailers of their upcoming series on its channel "&TV" titled 'Baal Shiv' which Saini realised was plagiarised from his concept and was a breach of the confidentiality. "There can be no manner of doubt that the Defendants' (Zee) television series, with a nearly identical name is a substantial reproduction and/or adaption of the Plaintiff's original literary work," the plaint stated. .Saini was represented by Senior Advocates Venkatesh Dhond, Dr. Birendra Saraf and Advocates Rashmin Khandekar instructed by Advocate Tushar Gujjar from SL Partners.