In a setback for Netflix, the Supreme Court on Wednesday refused to entertain its writ petition challenging a Bihar Court order which last month restrained it from using Subrata Roy’s name in its upcoming web series “Bad Boy Billionaires”.
The series was slated for release on Wednesday at 12 noon. However, owing to two Courts- Bihar and Hyderabad- ordering a stay, the series is unlikely to be released on Wednesday, said people with direct knowledge of the matter.
On Tuesday, a Hyderabad lower Court also restrained Netflix from releasing the series on a plea filed by Satyam Computer Services founder B Ramalinga Raju who was convicted in Satyam case. As first reported by ET last week, a lower Court in Bihar had restrained Netflix from using the name of Sahara Chairman Subrata Roy in its upcoming web series.
Netflix had moved the Supreme Court filing two petitions. The first petition- a special leave petition- sought vacation of stay on the order passed by the Bihar Court. While the other petition sought transfer of all such injunctions passed by various Courts to Bombay High Court.
The Supreme Court refused to entertain the SLP seeking vacation of stay ordered by Bihar Court. It has asked Netflix to move the Patna High Court to seek vacation of stay. However, in the other petition which sought transfer of cases to Bombay High Court, the Supreme Court issued notices. Since Netflix is headquartered in Bombay it has sought transfer of all cases to Bombay High Court.
In a related development, Sahara has filed a criminal complaint against Netflix for allegedly committing criminal offences under the IT Act, violation of Trademarks Act & IPC. According to a spokesperson for Sahara, a Magistrate has already recorded statements of witnesses & took cognisance of the complaint filed by Sahara.
In its order passed by a Court in Araria, Bihar the Judge had held “This Court is of the considered view that the plaintiff (Subrata Roy) has qualified tripartite test of prime facie case, balance of convenience and irreparable loss and grant of ad interim injunction in its favour as such the defendants including their employees, directors, officers, associates or any person or entity acting on their behalf or under their authority are restrained from releasing, transmitting, distributing, exhibiting, performing or communicating to the public by any means or technology by audio or video performance of the impugned trailer of Bad Boy Billionaires using the name of Subrata Roy till the appearance of the defendant and filing show cause”, reads the order.
The order further read “the order is interim in nature and the same shall be decided on merits after hearing both the parties”. Subrata Roy had alleged that a London based Director had met him in Lucknow in 2019 claiming that a web feature will be made on the life of Roy. He has further alleged that he was told that the web feature would be titled “Billionaires”.
Jha, counsel for Roy, had contended that the Netflix series “Bad Boy Billionaires” is an attempt to tarnish the image of Roy. It was further contended that by putting Roy in the series which also features fugitive economic offender Vijay Mallya, Nirav Modi, Harshad Mehta, the producers are trying to assassinate Roy’s character.
Seeking stay on the release of the series, Jha had averred that if allowed to release, the web series would adversely affect the business of Sahara. Roy has also alleged that the forthcoming web series is a breach of Roy’s trust as he was assured that the web feature would focus on his life and struggles faced by him in becoming Chairman of Sahara.
“After hearing our arguments, the Court has pleased to temporarily stay the release of the web series till counsel for the respondents (Netflix & others) make an appearance in the Court”, Advocate Jha told ET on the phone. The case was deferred to December 2 by the Bihar Court.
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