Karnataka court vacates interim injunction against film "Swathi Mutthina Male Haniye" produced by ex-MP Divya Spandana

A Bengaluru court on Wednesday vacated an interim order restraining the use of title Swathi Mutthina Male Haniye in a movie set to be released by the production house, Applebox Studios, established by actor and ex-Member of Parliament Divya Spandana [SV Rajendra Singh Babu v The President, Karnataka Film Chambers of Commerce].

City Civil and Sessions Judge Padma Prasad vacated the order which was earlier granted in favour of filmmaker SV Rajendra Singh Babu against the use of the title which he claimed to have used as a song title in his movie Bannada Gejje.

"Ex-parte temporary injunction order dated 16.02.2023 is hereby vacated. For issues by 01.06.2023", the court ordered.

The suit filed by Babu was only against the Karnataka Film Chamber of Commerce, Jayadurga Movies and the Central Board of Film Certification.

It was his stand that he commenced making a Kannada feature film with the same name starring actors Ambareesh and Suhasini and 70 per cent of it was complete. However, the film was incomplete due to the death of Ambareesh.

Applebox Studios, on the other hand, in their application seeking impleadment and vacation of the stay, said that the production house had already completed making the movie and it would soon be released.

It was also submitted that the rights to the movie were vested with Sri Jagadguru Movies and not Babu, and the rights were lawfully transferred to them as well as duly registered with the Karnataka Film Chamber of Commerce.

The production house further submitted that the temporary injunction order was coming in the way of their right to release the movie, and if it is not vacated they will be put to irreparable injury and loss.

The Court then vacated the stay taking into account that the defendants had completed the movie which was now about to be released, whereas the plaintiff's film was still incomplete.

"Therefore, this court is of the humble opinion that the plaintiff has failed to make out a prima facie case."

Divya Spandana and Applebox Studios were represented by Spectrum Legal Partner Chintan Chinnappa, assisted by Spectrum Legal associates, Vishaka Nikkam, Divya Jain and Akshay Rao.

SV Rajendra Singh Babu was represented by advocate SR Srinivasa Murthy.

[Read Orders]