Kantara Movie : Kerala Court Returns Second Plaint Filed Against Hombale Films, No Order Against "Varaharoopam" Song In Force Now

In relation to the copyright dispute regarding "Varaharoopam" song in the Kannada superhit movie "Kantara", the Palakkad District Court on Saturday returned the plaint filed by Mathrubhumi Printing and Publishing Company Ltd(MPPCL) against the film's producer Hombale Films citing lack of jurisdiction.

The Palakkad District Court observed that the suit has to be filed before Kozhikode District Court as the registered office of MPPCL was in Kozhikode. MPPCL claims to be copyright holder of the "Navarasam" song, which is allegedly plagiarised as the Kantara movie song.

With this, both the interim orders of injunction passed against the use of "Varaharoopam" song in the movie have lost effect. Last week, the Kozhikode District Court had returned the plaint filed by Thaikkudam Bridge, which performed the "Navarasam" song, on the ground that it has to be presented before the Commercial Court. Although  the Kerala High Court stayed the said order in an appeal filed by Thaikkudam Bridge, it clarified that the stay order will not revive the earlier injunction order.

Advocate Santhosh Mathew appeared for Hombale Films and Advocate Uma Devi appeared for MPPCL in the Palakkad Court.

The sequence of events is as follows :

October 28 : Kozhikode District Court passes an ex-parte order in the suit filed by Thaikkudam Bridge against the use of "Varaharoopam" song in Kantara movie either in theatres or streaming platforms.

November 2 : Palakkad District Court passes an ex-parte interima order in the suit filed by MPPCL restraining Hombale Films and other respondents "from exhibiting, releasing on OTT platforms, streaming, distributing or communicating to the public the film 'Kantara' with the synchronized song 'Varaha Roopam' until further orders".

November 25 : Kozhikode District Court returns Thaikkudam Bridge's plaint accepting the preliminary objection raised by Hombale films that the suit was maintainable only before the Commercial Court.

December 1 : Kerala High Court stays Kozhikode District Court's order returning Thaikkudam Bridge's plaint while issuing notice on its first appeal.

December 2 : Kerala High Court clarifies that the stay of the order returning Thaikkudam Bridge's plaint will not result in revival of the earlier injunction order passed against Varaharoopam song.

December 3 : Palakkad District Court returns the plaint filed by MPPCL.

So, at present, there is no interim injunction in force against the use of "Varaharoopam" song in Kantara movie.