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Netflix Wins Over ‘Bad Boy Billionaires’

Netflix Wins Over ‘Bad Boy Billionaires’

The much-awaited documentary series ‘Bad Boy Billionaires’ has been running successfully on Netflix. The release happened after Netflix obtained a favorable order from the District Court of Araria, Bihar, vacating the injunction order against the Docuseries that the Court had passed against Netflix in an ex-parte manner, days before the scheduled release.

Background, ‘Bad Boy Billionaires,’ was scheduled to release on September 2, 2020. The series covers the rise and fall of India’s Billionaires, namely Subrata Roy, Nirav Modi, Vijay Mallya, and Ramalinga Raju. However, around late August, several cases were filed seeking permanent injunction on the release. Though the Delhi High Court refused to grant a stay in the Writ Petition filed by Mehul Choksi and dismissed the Petition in favour of Netflix, District Courts in Araria, Bihar, and City Civil Court, Hyderabad issued ex-parte orders injuncting the respective episodes pursuant to defamation suits filed by Sahara India and Ramalinga Raju respectively.

Our sources indicate that, in the interest of an expeditious vacation and in view of the pervasiveness of the ex-parte order, Netflix moved the Supreme Court in an SLP directly. The Supreme Court directed Netflix to approach the appropriate Court with a direction for expeditious disposal. Netflix then approached the Patna High Court, which given the Supreme Court order, directed the District Court to decide the injunction application within next two weeks finally. The District Court immediately took up the matter and conducted day-to-day hearings for the disposal of the injunction application for the last two weeks of September 2020. The District Court, vide a detailed order dated October 3, 2020, vacated the earlier injunction order, thereby allowing Netflix to release the episode of Subrata Roy.

LEX WITNESS’ EDITORIAL TAKE

“It is quite dollish to see how Sahara approached the Araria Court in the eleventh hour despite being aware of the series for more than a year. It is even more surprising to know that, while the allegation in the suit is for Subrata Roy’s defamation, the ex-parte injunction was filed by Sahara India, without Subrata Roy even being a party to the suit. The Trial Court has appreciated Netflix’s case and has vacated the ex-parte injunction, or it would have set a precedent for others to obtain such last-minute injunction from courts in remote areas. Such orders are inevitably an impetus to creative liberty and expression that remain essential for content creators to serve consumers with seamless entertainment.” said PBA Srinivasan, Editor in Chief, Lex Witness.

Netflix was being represented by Amit Srivastava & Thomas George, Tanvi Sinha and Manas Gaur, Saikrishna & Associates, and Minnow Films, the producer was represented by Mayank Rukhaiyar with Kaushik Moitra, Bharucha & Partners.

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