"Already released": Bombay High Court defers hearing in plea by Chhota Rajan against Netflix series Scoop

The Bombay High Court Friday deferred the hearing in the suit filed by gangster Chhota Rajan against makers of the Netflix series 'Scoop' alleging infringement of personality rights.

Vacation judge Justice SG Dige noted that since the series has already been release, there is no urgency involved in the matter and the makers of the show can be granted time to respond to the plea.

Accordingly, he deferred the hearing to June 7.

Rajan, who is presently lodged in Tihar jail, filed the suit alleging that in the trailer of the show, the makers have made reference to Rajan by using his name, image, purported voice and other unrelated names associated with Rajan.

In the suit filed before the commercial division of High Court, Rajan has sought ₹1 as damages for the alleged infringement.

Justice Dige today queried how the suit would fall under Commercial Courts Act since Rajan has sought only ₹1 as damages.

The Court said that if the suit qualifies as a commercial suit, then it will be sent for mediation as per the procedure under law.

Rajan sought time to amend the suit to include grounds to satisfy the court that it is indeed a commercial suit.

Senior Advocate Mihir Desai, appearing for Rajan, told the Court that out of all the other persons depicted in the series, only Rajan's real face and name have been used in the series.

"I am shown as the one behind the murder. I am admitting I am convicted. My appeal is pending. Should I be portrayed like this in front of the whole world? Lakhs of people are going to watch it. It is going to create a lot of problem for me," Desai argued.

Senior Advocate Ravi Kadam, appearing for over the top (OTT) platform Netflix, and Advocate Hiren Kamod appearing for Hansal Mehta informed the court that all six episodes of the series have already been released.

Once a person is convicted and judgment is publicly available, I can name Rajan, Kadam added.

The Court then asked what would be the position if Rajan is acquitted on appeal.

It eventually adjourned the case.