Bombay High Court Refuses To Stay Release Of Akshay Kumar's 'Sky Force'

The Bombay High Court on Thursday refused to grant any ad-interim order to stay the release of Akshay Kumar - starrer 'Sky Force' film, which is expected to hit the screens from Friday (January 24).Single-judge Justice Manish Pitale noted that the plaintiff Sandeep Gangatkar, who claimed that the film's theme has breached his copyright work titled 'Free Bird' which he created in 2014 and shared with the makers of the film. The judge noted that the teaser of the film was out in public domain ever since October 2, 2023 and from time-to-time news articles were published in various leading media platforms yet the plaintiff approached the court at the eleventh hour. "This Court is unable to accept the contention of the plaintiff that although the film 'Sky Force' was based on the very story in respect of which he had prepared the script 'Fire Bird' and given it to Sandeep Kewlani (director and writer of the film) way back in the year 2014, it did not occur to him after noticing such material in the public domain, starting from October 2, 2023, that his original work could have been used for the film 'Sky Force.' Being a person entrenched in the entertainment and film industry, even as per his own pleadings, it cannot lie in the mouth of the plaintiff that he was not aware about such material on websites concerning the said industry or even the print media, including well circulated newspapers like Times of India and the Statesman," the judge said. The judge opined that Gangatkar waited during the period of time from October 2023 till the film 'Sky Force' was completed and he has chosen to approach the Court to seek stay on release of the film at the eleventh hour, only a couple of days before the release date. "In the meanwhile, both producers (Maddock Films & Jio Studios) have invested substantial sums of money. In fact, in the limited affidavits filed on their behalf, it is indicated that an amount of about Rs.250 crores has been invested in the film and that the domestic and overseas theatrical rights have been licensed to specific parties with more than 2500 domestic theatrical screens being booked. The music rights of the film have been assigned to a company and advance bookings for the theater screens have already begun with the deliveries of the film material for theatrical exhibition having been completed," the judge noted. Therefore, the balance of convenience is clearly in favour of the filmmakers, in the light of the fact that they would suffer immense loss, if ad-interim stay of release of the film is granted, particularly when the plaintiff has approached the Court at the eleventh hour and just before release of the film, the bench said. "By failing to take any steps between the period October 2023 till January 2025, despite the material in the public domain, the plaintiff allowed the film to be completed with substantial amounts being invested by defendants. Therefore, it cannot lie in his mouth that he is entitled for a screening of the film at this stage and for a direction to restrain the defendants from broadcasting/ releasing the film 'Sky Force.' The instant proceedings are not only delayed, but can be treated as litigation strategy on the part of the plaintiff to claim urgent circulation and to seek ad-interim reliefs at the eleventh hour when the film is about to be released," the judge remarked while refusing to grant any ad-interim relief.Notably, it was the contention of the plaintiff that he saw the Trailer of the film on January 7 and thus contacted Kewlani and discussed the issue. However, after the director refused to further discuss the contention of the plaintiff, he moved the High Court on January 17 and sought an urgent hearing and further an ad-interim order to stay the film,It wouldn't be out of place to mention that the story of the film and also the subject script of the plaintiff revolves around the historical facts pertaining to the 1965 war between India and Pakistan and particularly about an air raid conducted by the Indian Air Force in Sargodha (Pakistan). In this strike, amongst the Indian Air Force Pilots, who were part of the team that raided Sargodha, one Squadron Leader Devayya did not return and then another Air Force Pilot, Group Commander Taneja, pursued the said aspect of the matter and eventually, his efforts led to Maha Vir Chakra being posthumously given to the late Squadron Leader Devayya in the year 1988.The bench has adjourned the matter for further hearing till March 17.Appearance:Advocates Hiren Kamod, Ravindra Suryawanshi, Anees Patel, Prem Khullar, Tanvi Nandgaonkar, Archis Bhatt and Amogh Prasad Khadye instructed by Bar & Brief Attorneys appeared for the Plaintiff.Senior Advocate Venkatesh Dhond along with Advocates Anand Mohan and Nirali Atha instructed by Dua Associates represented the Director of the Film.Senior Advocates Ravi Kadam and Ashish Kamath along with Advocates Ameet Naik, Madhu Gadodia and Megha Chandra instructed by Anand & Naik...

Bombay High Court Refuses To Stay Release Of Akshay Kumar's 'Sky Force'

Narsi Benwal

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