Bombay high court dismisses stay on 'Mausam'

The Bombay high court on Tuesday dismissed an appeal filed by High Definition Television Private Limited (HDTPL), a television and film production firm, seeking a stay on the release of the movie Mausam, claiming that they had registered the title with the Association of Motion Pictures and Television Programme Producers (AMPTPP) in 2001.

Ashok Saraogi, advocate for HDTPL, argued that as the firm was the registered title holder of Mausam, only it could make a movie with that title.

In its appeal, the firm claimed that it had renewed the registration of the title on six occasions for the last decade. The last renewal of the title was on August 9, 2010. But, HDTPL could not commence the production of since it had given priority to the production of Jimmy, which stars Mimoh Chakraborty, son of Mithun Chakraborty.

Alleging malafide on the part of the senior vice-president of the association, the appeal said that the title was given to Grace Pictures, which was not even a party to the dispute.

The appeal claimed that HDTPL had narrated the subject of the movie to actor Pankaj Kapur, also the director of Mausam. “Pankaj Kapur attempted to claim the title for himself,” alleged the appeal.
According to rules framed by the AMPTPP, if a title remains unused by a producer for three years and if another producer applies for the same title, the committee seeks an explanation from the title holder. If the committee is not satisfied with the explanation, it is empowered to allot the title in favour of the new applicant.

Venkatesh Dhond and Ameet Naik, counsels for the film’s producers Cinergy Pictures Private Limited, argued that the association had given a hearing to HDTPL and passed an order on December 4, 2010.

HDTPL had earlier filed a suit before the single judge of the high court, which was dismissed.

When the firm again filed an appeal, a division bench of justice DK Deshmukh and justice AV Mohta, on Tuesday, dismissed it.
The film will now release on September 16.