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Juris Corp advises Producer of “Gandhi of the Month”

Juris Corp advises Producer of “Gandhi of the Month”

The original screenplay of the “Gandhi of the month” was awarded the best screenplay grant instituted by the Indian Film Festival of Los Angeles. The Petitioner was the Director and the author of the Screenplay. The Arbitration Petition was filed to restrain the Respondent or anyone claiming through or under them from editing, sound mixing, screening, making the final copy, selling, releasing, distributing or dealing in any matter with the film “Gandhi of the Month”.

In this case, the party claiming to be in charge of inter-alia writing the screenplay of the film, tried to stall the producers of the film, there client, from creating third party rights and stalling the release of the film by asking for such relief pending arbitration proceedings against the producers of the film. The Petitioners stated that as the “Directors Cut” was not done, the movie could not be deemed to be complete and no other person including the Producer have any right nor say and it would be at the sole discretion of the Petitioner to edit and release the movie as per his vision as the Director.

The Bombay High Court by its order dated 22nd November 2012, refused to grant any such reliefs to the objecting parties and passed an order stating that as per the submissions made by the Advocate for the Petitioner, Atul Anturkar and the Senior Counsel appearing for the Respondent, T.N. Subramaniam and on perusal of the correspondences placed before him by both the parties, the court was of the view that the film was complete and that third party rights have already been created in respect thereof by the Respondent and in view of Section 14 of the Specific Relief Act, 1963, read with Section 9 of the Arbitration and Conciliation Act, 1996, the court was of the view that the Petitioner cannot be allowed to director’s cut at this stage as it would amount to allowing the claim for specific performance in this petition under Section 9 of the Arbitration and Conciliation Act, 1996, which is not permissible. The Arbitration Petition was thereby dismissed with no costs.

The producer was represented by Juris Corp.

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