'Fanney Khan' makers reach Supreme Court just before release

31st July 2018

The legal battle for the film's distribution and exploitation rights has reached to Supreme Court just a few days away from the release of this Anil Kapoor, Rajkummar Rao and Aishwarya Rai Bachchan starrer 'Fanney Khan'. The matter was presented to 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.

Advocate Ravi Prakash Mehrotra and Ankit Agarwal represented the Petitioners' side i.e. Vashu Bhagnani's Pooja Film Company and Pooja Films and Entertainment Limited (Pooja Films). The case is against Kriarj Entertainment Private Limited and T-Series. 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).

Pooja Films approached the Bombay High Court asserting their rights over the film. No order is yet 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 on August 3.

Here is the Supreme Court order.