Shamshera movie copyright case: Delhi High Court allows OTT release subject to deposit ₹1 crore with registry

The Delhi High Court on Thursday allowed the release of Ranbir Kapoor starrer movie Shamshera on over-the-top (OTT) platforms subject to its producer, Yash Raj Films Private Limited depositing a sum of ₹1 crore with the court registry [Bikramjeet Singh Bhullar v Yash Raj Films Private Limited & Ors]..The movie is set to release on OTT platforms on August 19, Friday..Single-judge Justice Jyoti Singh has said if the producer fails to deposit the money by August 22, an injunction will operate against further telecast of the movie from the very next day.“Considering the totality of the circumstances as well as the fact that the impugned film has already been released in theatres and is scheduled to be released on the OTT Platforms tomorrow i.e. 19.08.2022, in my view, in order to balance the equities between the parties, at this stage, it would be appropriate to permit Defendant No. 1 to release the impugned film “Shamshera”, on the OTT Platforms, subject however, to Defendant No. 1 depositing a sum of ₹1 Crore with the Registrar General of this Court, latest by 22.08.2022,” the court ordered.It added that the money deposited shall be invested in an interest-bearing fixed deposit by the Registrar General in a nationalised bank for an initial period of three months..Justice Singh was dealing with a copyright infringement suit by one Bikramjeet Singh Bhullar stating that the movie is based on his literary work ‘Kabu na chhadein khet’.While the Court was hearing the suit, an undertaking was given by the movie producers on July 26 that they will not release it on OTT platforms till the next date of hearing..However, the counsel appearing for the producers requested the court on Thursday to allow the release of the movie on OTT platforms because if they fail to do so, they will be in breach of contractual obligations with respect to third parties..The application was opposed by Bhullar’s counsel on the grounds that the film not only infringed his copyright by making a substantial reproduction but there was also flagrant and dishonest breach of confidence as the defendants admittedly had access to his entire literary work, which was evident from the host of correspondence placed on record..The Court, however, acceded to the request subject to deposit of ₹1 crore The case was listed the case for further consideration on September 12..Senior Advocate Chander M Lall along with advocates Joseph Koshy, Ananya Chug and Puja Singha Roy appeared for the plaintiff.Defendants were represented through advocates Abhishek Malhotra, Shilpa Gamnani, Deepak Biswas and Varsha Agarwal..[Read Order]