HC stops Shemaroo from selling or showing Teesri Kasam film
02/01/2017

Media content house Shemaroo Entertainment and one of its top officials have been restrained by Delhi High Court from distributing, selling or broadcasting through any platform the famous 1966 Hindi film Teesri Kasam starring Raj Kapoor and Waheeda Rehman.

Justice Rajiv Sahai Endlaw issued the direction to Shemaroo and its Joint Managing Director (JMD) on the plea of the son and daughter of the film’s producer, Shankardas Kesarilal Shailendra, a reputed lyricist known for famous songs like ‘Awaara Hoon’, ‘Mera Joota Hai Japani’ and ‘Gata Rahe Mera Dil’.

“The defendants no.1 and 2 (JMD and Shemaroo), till further orders, are restrained from making any further reproduction by distributing, selling, offering for sale, advertising through any media or platform the Hindi film ‘Teesri Kasam’ or substantial part thereof,” the court said.

It also issued summons of suit and notice to defendants including some other heirs of Shailendra who had assigned their one-sixth share in the copyright of the film to Shemaroo, and listed the matter for hearing on January nine.

The order came on the plea by Amla Shailendra Mazumdar and Dinesh Kumar Shailendra, children of the lyricist, who have sought that Shemaroo and its JMD Atul Maru be stopped from distributing, selling, or broadcasting the film through any media or platform and they be restrained from assigning rights in the movie to any third party.

The two plaintiffs have also sought total damages of Rs 1,00,01,000 from Maru, Shemaroo and other three heirs, Gitanjali Shaily Shailendra, Riddhima Shaily Shailendra and Priyanka Shaily Shailendra who had entered into agreements with the media content house on October 8, 2012 and June 14, 2004 for assigning their one-sixth share in the copyright of the movie to it.

The suit also seeks an order declaring as null and void the two agreements. Gitanjali is the wife of late Hemant Shaily Shailendra, the eldest of Shankar Shailendra’s children, and Riddhima and Priyanka are their daughters.

According to the suit, prior to his death, Hemant used to get the royalties for the use of the film. Amla Shailendra Mazumdar has claimed that she came to know about the violation of her copyright in the film when she saw that the movie was being offered as in-flight entertainment on an Emirates flight.

When she contacted the Dubai-based airline, it said it had got the right to show the film from Shemaroo which, according to the suit, has uploaded the entire movie on YouTube and also sells its DVDs on Flipkart.