Even as the Anil Kapoor and Aishwarya Rai Bachchan-starrer Fanney Khan releases this Friday (August 3), producer Vashu Bhagnani moved the Supreme Court on July 30 stating he has been cheated as far as the film’s distribution rights are concerned. He claimed they were surreptitiously given to T-Series and asked that the film’s release should be stayed as the transfer of a related suit, which was filed in the Bombay High Court, was pending. 

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While the transfer petition was mentioned before the apex court, Chief Justice Dipak Misra, Justice AM Khanwilkar and Justice DY Chandrachud ordered that the matter be listed before the appropriate bench today. Claiming its reputation, fair name and profitability has been “adversely and unfairly affected, in a most unjustified and unseemly manner, owing to certain machinations and surreptitious arrangements between, a co-producer, Kriarj Entertainment Private Limited, Mumbai and Super Cassettes Industries Private Limited New Delhi, in relation to all India distribution rights of the film Fanney Khan”, the petitioner Pooja Ent & Films Pvt Ltd (owned by Vashu) stated that it had acquired the sole distribution rights of the movie for ₹10 crore, of which ₹ 8.50 cr has been paid and duly acknowledged.

Conspiracy theory 

The petition further stated that ‘in connivance with others, the rights were parted with its entire co-production and distribution rights’. Vashu’s petition states that they have filed a suit in the Bombay High Court against T-Series, KriArj Ent and others. Also, they were oblivious about the case T-Series had filed against Pooja Ent & Films in Delhi High Court, and obtained an ex-parte order restraining his company from interfering in distribution and exhibition of Fanney Khan and Batti Gul Meter Chalu (the Shahid Kapoor and Shraddha Kapoor-starrer that was also produced by KriArj before T-Series reportedly took over). 

Vashu sought the apex court’s direction for transfer of the suit pending in Bombay HC to Delhi HC or to the SC and stay the release of Fanney Khan in the interregnum. The veteran producer, reportedly, is claiming ₹10 cr from T-Series if Pooja Ent & Films Pvt Ltd is being ousted as the All India distributor of Fanney Khan.

When contacted, Bhushan Kumar, head of T-Series, pointed out that after the Delhi HC issued an order that Vashu should not interfere in the distribution and exhibition of Fanney Khan and Batti Gul Meter Chalu (BGMC), the latter filed a case in Bombay High Court seeking a stay on the release of the Anil-Aishwarya-starrer. “The Bombay HC refused to grant the stay and Delhi HC didn’t grant him any relief in the subsequent hearing either. While the final order is awaited, he’s now asking for transfer of petition from the Bombay HC to the Delhi HC or SC,” said Bhushan. He added, “In all cases, he is seeking a stay on Fanney Khan’s release, but didn’t get it. As per our lawyers, there is no reason for him to go to SC now, until the HC gives the order. But he has every right to approach the authorities. We have prior contracts and rights with us. From wherever he got the rights, they don’t have value. Hence, there has been no order in his favour. The Delhi HC and SC hearings are today. I’m optimistic about releasing the film this Friday, August 3, as scheduled.”

Right to stay justified 

Vashu’s lawyer Ravi Mehrotra told After Hrs that the Delhi HC has asked Prernaa Arora of KriArj to be present for the hearing on August 1. He added, “As per Vashuji, KriArj and T-Series are hand-in-glove. We’ve moved the Supreme Court to transfer our petition from Bombay HC to Delhi and in the interest of justice, we want the release of Fanney Khan to be stayed pending transfer of the case from Bombay HC to Delhi. There’s a conspiracy between KriArj and T-Series against Vashu’s Pooja Ent & Films Pvt Ltd. It is not just about financing a film, but it’s linked to distribution rights. Hence, we’re seeking a stay on the release till the matter is decided.”