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The Patna High Court single bench comprising of Justice Birendra Kumar has refused to stay the order passed by the lower court of Bihar on the release of Netflix series “Bad Boy Billionaires”.
While the Appellant approached the Hon’ble HC for the stay, the Court refused and directed the lower court to decide the interim injunction moved by respondent Sahara India within two weeks.
The issue was raised while featuring the series, The defendant stated that they had initially contacted the plaintiff for his cooperation in the preparation of a documentary serial titled “Billionaires” to picture the life history of the people who are contributed for the economic growth of India.
Later on, the allegation aroused when the trailer of the serial was released in August 2020 with the title of “Bad Boy Billionaires” containing defamatory and scandalous contents against the plaintiff.
The Plaintiff contending the serial, approached the Lower Court to stay the series for the use of his name (Subrata Roy), where the learned court granted the ex-parte ad interim injunction in favour of the plaintiff.
Another plea filed in Hyderabad Court by Ramalinga Raju, Satyam computer services founder who was convicted in the case and the court had stayed the release of the series.
Contending that, earlier the Netflix had filed two petitions in Supreme Court, one a special leave petition seeking to dismiss of stay on the order passed by Bihar Court and second, transfer of all such injunctions to Bombay High Court as the head office at Bombay.
Supreme Court in its order refused to dismiss the stay passed by Bihar Court and directed to approach to Patna High Court for seeking the same. The Apex court issued the notice regarding its second petition.
The Defendant has contended that the Learned Lower Court had passed the order without examining the serial and relied on the bold statement made in the plaint and granted the ad-interim injunction.
The Court has pointed out that the Learned Court below has exercised power under proviso of Order 39 Rule 3 of CPC which empowers the Court to grant Ad interim injunction without giving notice to the opposition party.
Observing the matter the Hon’ble directed the appellant to raise the aforementioned points before the trial judge and directed the Lower Court to pass an order as per law within two weeks.
Accordingly, the matter is listed on October 19, 2020.
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