A Division Bench headed by Justice Ashok Bhangale said it was not inclined to restrain the producer Rakesh Roshan from releasing the film for the simple reason that the prints might have been circulated all over.
The judges said they were not granting any relief and posted the appeal for hearing after Diwali vacation.
Uday Singh Rajput, a writer from Madhya Pradesh had moved the court claiming that he was the original author of the film's story and demanded compensation of Rs 2 crore from the producer. However, Judge S J Kathawala, on Tuesday, refused to grant relief. He then filed an appeal.
Counsel for appellant, V Sanglikar, argued that Justice Kathawala, while refusing to grant relief, had not compared the two scripts to check infringement of copyright violation. Without comparing the two scripts, how could the judge say that the case was bogus ?, the appellant asked.
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The lawyer insisted that the defendent (Rakesh Roshan) be asked to deposit Rs 2 crore in the court and only then the film should be allowed to be released.
The Division Bench said it would hear the matter on merits after the Diwali vacation.
Rajput claimed in the suit that he had registered his script titled 'Krrish-2' with the Film Writers Association on July 23, 2008. Thereafter, he met Roshan and gave him the script. Roshan promised to pay him if the script was used.
However, instead of paying him, Roshan used the same script to make a sequel to film 'Krrish' and gave the title as 'Krrish-3' instead of 'Krrish-2', Rajput alleged.