In a relief to film director Kunal Kohli, the Bombay High Court allowed the release of his upcoming film, Phir Se, while deciding on copyright infringement of the film story and script. READ: Phir Se... The court said he could release it on depositing Rs 50 lakh in court. A division bench of Justices V M Kanade and B P Colabawalla set aside a stay order passed by Justice S C Gupte, in a challenge raised against Kohli’s film by writer Jyoti Kapoor. While Justice Gupte had observed in an interim order that Kapoor had made out "an arguable case that the first defendant [Kohli] actually used or caused to be used the screenplay/ script of ‘R.S.V.P.’ shared with him by the first plaintiff [Kapoor], for producing the film
Phir Se," the division bench on Thursday didn't agree with that finding.
The bench said it cannot be said that it was a "novel" concept as pleaded by Kapoor's counsel Shyam Mehta and accepted the submissions of V Tulzapurkar and Venkatesh Dhond counsel for Kohli who was present in court as was Kapoor that the script did not breach any confidentiality clause and was not a copy.
The court order comes in a suit filed by Kapoor who alleged breach of confidence and infringement of copyright against Kohli and production house Bombay Film Company.
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