Bengaluru court allows makers of Hostel Hudugaru Bekagiddare to release film after depositing ₹50 lakh

A commercial court at Bengaluru on Wednesday allowed the producers of Hostel Hudugaru Bekagiddare to release the film on Friday after depositing ₹50 lakh..The court had yesterday restrained the film's release after finding that, prima facie, a case of breach of contract against the producers was made out by actor Divya Spandana.Spandana filed the suit alleging that the filmmakers used her clips in the trailer and in the film despite her not consenting to the same..On Thursday, Additional City Civil Judge Ravindra Hegde said that although a prima facie case was made out, the balance of convenience was not in favour of continuing the interim order.The court emphasized that although there was a breach, it could be compensated for in terms of money. Furthermore, it highlighted that the trailer had been viewed 42 lakh times and that the film was scheduled to be released tomorrow..The suit alleged a violation of an artist agreement dated April 2022 and a violation of Spandana's publicity rights and moral rights under the Copyright Act, 1957.Accordingly, she sought a permanent injunction to restrain the producers from using her clips in any film trailers or in the film itself, which is slated to be released on July 21..Counsel representing the filmmakers contended that according to a clause in the artist agreement, the final authority for creative decisions rested with the producer. Consequently, they argued that the filmmakers had not breached the contract.Furthermore, they emphasized that editing the film would necessitate approval from the censor board. This process could consume a significant amount of time, making it practically impossible to obtain approval before the scheduled release tomorrow.They also informed the court that they had incurred huge costs in producing the film. Hence, they sought vacation of the interim order..The court noted that the clause in the agreement regarding creative decisions would not come to the filmmakers' rescue. Further, it observed that although the filmmakers had rights to use the clips, such rights were subject to the actor giving her consent for the same.Hence, the court held that a breach of contract was prima facie made out. However, the same could be compensated for in terms of money, the judge added.Moreover,it pointed out that if the film was not released as planned, the filmmakers would suffer irreparable harm and theaters would experience inconvenience, potentially leading to further complications and litigation.Accordingly, it directed the filmmakers to deposit ₹50 lakh as security to be allowed to release the film as scheduled..[Read Order]