New Delhi: Delhi High Court Thursday refused to stop the theatre release of the film Doosra October 23 on a plea filed by cricketer Sourav Ganguly.
A vacation bench of Justice Dinesh Bhatt orally observed that the ‘balance of convenience’ favours the makers of Doosra, stated to be the story of a middle-class Rajasthani girl who draws inspiration from certain sporting events involving the former India captain.
“It is due to release tomorrow (Friday). Balance of convenience prima facie does not favour you. You may have a valuable right. (But) We are not stopping the film today,” judge orally told the plaintiff.
The court listed the matter for hearing Friday.
Besides Ganguly, Luv Films LLP, which is producing a biopic on the former cricket captain, is also a plaintiff in the lawsuit.
The senior counsel appearing for the filmmakers assured that Doosra was not a biopic and that due permissions were taken for the use of certain clips involving the plaintiff.
Ganguly’s counsel apprehended a violation of his personality rights, asserting that no licence was taken from him for the production of Doosra. The court was informed that a biopic on Ganguly’s life was already under production.
Balance of convenience is a legal test used by courts to decide whether to issue a preliminary injunction, after weighing the potential harm to the plaintiff it is denied and to the defendant if it is granted.
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