The ongoing row over the distribution and exploitation rights for the film Fanney Khan has reached the Supreme Court in the form of a transfer petition..After the matter was mentioned today before the Bench of Chief Justice Dipak Misra and Justices AM Khawhilkar and DY Chandrachud, the Court has posted the matter for August 1, to be taken up by the appropriate bench..Advocates Ravi Prakash Mehrotra and Ankit Agarwal represented the Petitioners’ side i.e. Pooja Films and Entertainment Limited and Pooja Films..Both the Delhi and Bombay High Courts have been approached over the dispute between Vashu Bhagnani’s Pooja Film Company and Pooja Films and Entertainment Limited (Pooja Films) on the one side and Kriarj Entertainment Private Limited and T-Series on the other..It is the case of Pooja films that it owns the exclusive rights to distribute, exhibit and exploit the commercial and non-commercial theatrical rights for the film Fanney Khan throughout India. This is in line with a Memorandum of Understanding (MoU) that Pooja Films claims to have entered into with Kriarj Entertainment in December 2017..In accordance with the MoU, Pooja Films also claims that it has deposited a collective amount of Rs 8.50 crores, out of an agreed Rs 10 crores payment. As per the agreement, the remaining money need only be paid a week before the film’s release..As per the affidavit filed by Pooja Films, Kriarj Entertainment (with whom the MoU was made) initially held 50% rights over the film along with Rakeysh Om Prakash Mehra Productions (ROMP)..In May 2017, Kriarj ceded over 25% of the rights held by it to T-Series/Super Cassettes..However, despite the December MoU with Pooja Films, Kriarj Entertainment then proceeded to give the remaining 25% rights as well to T-Series in April 2018..Amidst apprehensions that the rights obtained by it through the December MoU would be violated, Pooja Films then addressed representations to Kriarj Entertainment, Rakeysh Om Prakash Mehra and T-Series. Thereafter, public notices were also sent by Pooja Films, asserting its distribution and exploitation rights..The tussle eventually spilled over to the Delhi High Court this month. In the suit initiated by T-Series, the Delhi High Court on July 10 issued an ex-parte interim injunction, restraining Pooja Films from making any claims for Fanney Khan and another film, Batti Gul Meter Chalu..The same week, Pooja Films approached the Bombay High Court asserting their rights over the film. No orders have yet been passed in this case..However, given that both cases substantially involve the same issue, Pooja Films has now approached the Supreme Court with a transfer petition, seeking the transfer of their Bombay High Court suit to the Delhi High Court..Fanney Khan is slated for release this Friday, i.e. August 3..Read the Supreme Court order below..Image Courtesy: Youtube.Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.
