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The Bombay High Court recently granted Everest Entertainment Ltd temporary relief by restricting the fund from representation to any third party until further order for any rights to 12 films of the late famous Marathi actor and director Dada Kondky, known for his comedies.
The court also prohibited Bombay Film Enterprises Private Limited and National Film Development Corporation (NFDC) Ltd from issuing and handing over printed negatives/positives or any material of the 12 motion pictures in its custody to Shahir Dada Kondke Pratishthan or his Trust and Winters or any other person. non-plaintiff.
Everest Entertainment told the court that Manik Padmakar Moore, who is associated with the filmmaker, had acquired the rights to the said films on the basis of a bequest executed by the late director, who was the original copyright owner. Subsequently, Moore assigned said rights in favor of the plaintiff and the trust could not claim the same.
Senior Advocate Viraj Tulzapurkar and Advocate Hiren Kamud told ONE Judge Manish Petali on May 3 that the plaintiff claimed to have waived the copyright in the films as per the assignment deed dated August 12, 2022 executed by Defendant Moore. Kondky passed away in March 1998.
Moore claimed that she acquired the rights to said films based on the will dated January 2, 1988 executed by Kondke, and the competent court granted proof of will through an order dated December 19, 2008. An appeal against said order was dismissed on July 22, 2019.
Tulzapurkar submitted that Moore had acquired specific rights through bequest to the said films, while a Trust was set up where the defendants Hridaynath Kadu-Deshmukh and Usha Chavan were trustees and some of Kondke’s property and the rights therein were bequeathed to the Trust. He added that the Trust wrongly claims to have rights to said films, and because it directed communication to the NFDC to turn over film negatives, Everest Entertainment has therefore instituted existing proceedings.
However, attorney AA Garge for the trustees challenged the plaintiff’s claims and said that a proper reading of the will showed that the rights to the films had been bequeathed to the Trust and so Moore could not have given the rights to Everest Entertainment. He added that there was no case for awarding summary damages to the plaintiff.
After reviewing the warrants and recorded materials, the Board noted that “the plaintiff had already brought a prima facie case in his favor as a provision of the said probate deed appears to refer to the rights in the films in which the original owner has the copyright, it can confirm that his rights were bequeathed to defendant Moore.” The will specifically bequeathed the immovable property in favor of the trust, which was also created by the said document.”
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