Bombay High Court urges Aditya Dhar, Santosh Kumar to resolve Dhurandhar 2 script row

The Bombay High Court on Thursday indicated that the defamation case filed by writer-director of "Dhurandhar 2 – The Revenge" Aditya Dhar against writer‑filmmaker Santosh Kumar over the origins of the film's script should not be allowed to spiral [Aditya Dhar v. Santosh Kumar RS & Ors]

Justice Arif Doctor today urged both sides to resolve the issue.

“A matter like this should be resolved. It doesn’t need to escalate into a fight for defamation,” Justice Doctor observed.

Dhar has sued Kumar over the latter's claim that the film's script was plaigiarised. Kumar has alleged that he had written a similar script much before the film's release. Dhar has denied these allegations and asserted that any such comment is defamatory.

The Court recently passed an order restraining Kumar from continuing to make such claims of plagiarism against Dhurandhar's makers.

The Court today pointed out that if Kumar believed his script had been copied, he was free to pursue that claim through appropriate civil proceedings instead of simply airing his claims before the media.

“You have a civil claim; make it. They will defend it. In that you may seek a settlement. If there has to be a fight, there will be a fight. But it does not need to escalate to this level," the judge said.

Advocate Pravin Faldessai, appearing for Kumar, clarified that his client’s grievance was limited to asserting authorship over the story.

“I don’t really enjoy fighting a suit before any court. Because my only claim is that the story is written by me, it’s my original work, and somebody has to make that claim,” he said.

The Court assured Kumar that nobody can come in the way of making that claim, but added that there was scope to de-escalate the dispute and work out a settlement.

“My firm view is that this matter can only be de‑escalated and worked out,” Justice Doctor said.

Senior Advocate Birendra Saraf, for Dhar, submitted that if Kumar wanted to continue asserting his claim to the script, he must do so through proper legal proceedings and not by repeating allegations in the media. 

In response, Faldessai said he would have a word with Kumar on this proposal.

The judge went on to express that he wished to bring the dispute before the High Court to a close when the matter is heard next.

"(In the next hearing), I will pass an order saying that you (Kumar) will refrain from using such words. And you file your claim, keeping all rights and contentions open, whatever case you have against them. This entire proceeding comes to an end. Otherwise, a defamation suit will lie pending, for what purpose?” the judge remarked, before adjourning the case till April 30.

Dhar sued Kumar for defamation after Kumar publicly claimed Dhar's film, Dhurandhar: The Revenge, copied his registered script, D Saheb. Dhar sent a legal notice denying plagiarism and cautioning Kumar, but Kumar did not respond. Dhar then approached the High Court, seeking an injunction and damages.

In the earlier hearing on April 8, the High Court had restrained Kumar from repeating the allegedly defamatory comments about the film's script.

Saraf was briefed by a team from DSK Legal, including partners Parag Khandhar and Chandrima Mitra, and associates Siddhi Somani, Zara Dhanboora and Diva Chanchani.