The Supreme Court on Friday stayed proceedings in Make My Day Entertainment vs Anil Kapoor Film Co Pvt Ltd and Others, which was pending before a civil judge (senior division), Rohtak.
Chief Justice of India Dipak Misra and Justice AM Khanwilkar heard the transfer petition on Friday, filed by Anil Kapoor Film Company after Justice DY Chandrachud, who was the third member of the full bench, recused himself from the matter.
The dispute began after Indian Motion Pictures’ Producers Association (IMPAA) granted registration of the title respondent’s film Veere Ki Wedding, since AKFC had a prior registration to the title Veere Di Wedding with the Indian Film and Television Producers Council (IFTPC).
AKFC first moved Bombay High Court filing a suit for passing off alleging that the makers of Veere Ki Wedding had adopted a title that was deceptively similar to their film Veere Di Wedding. But in an order dated May 4, 2017 Justice GS Patel refused to grant any interim injunction against the respondents, Make My Day Entertainment.
An appeal was filed by AKFC against the said order which is still pending. But in the meantime, Make My Day Entertainment filed a suit before the civil judge (senior division) in Rohtak against AKFC for passing off its film as theirs by using the title Veere Di Wedding.
Thereafter, AKFC filed the present transfer petition before the Supreme Court seeking transfer of the suit pending before the Rohtak court to the Bombay High Court. AKFC alleged that the suit filed in Rohtak is clearly to harass them and that the respondents are not seeking a bona fide trial but are simply indulging in forum shopping and abusing the process of law.
Senior advocate Mukul Rohatagi instructed by Ameet Naik of Naik Naik & Co. appeared on behalf of AKFC and after hearing his submissions, the apex court issued notice and stayed the further proceedings in the civil suit filed before the civil judge (senior division), Rohtak, Haryana.
This case will now come up for hearing on November 20.