BUSINESS

Karishma telecast put off on appeal

By BS Law Correspondent in Kolkata
July 04, 2003 11:42 IST
The Calcutta High Court on Thursday expressed desire to see the episodes of the serial, Karishma - A miracle of Destiny, produced by Sahara Media Entertainment Ltd, which were ready for telecast before they could decide on whether it had infringed any copyright laws.

This has put off the telecast of the serial for some more time.

The division bench of Justice A N Ray and Justice J Banerjee indicated that only judges and lawyers of the parties were likely to watch the serial in camera.

They also ordered that the stay of operation of the trial court's order would continue until the appeal filed by Barbara Taylor Bradford was finally disposed of, or the court directed the parties to file affidavits in the case, whichever was earlier.

The bench admitted the appeal, filed by the Bradford, challenging the order of trial court passed on June 30, vacating the ad-interim order restraining the Sahara from telecasting its star-studded serial Karishma -- a miracle of destiny.

UK born, US-based novelist Barbara Taylor Bradford in her appeal sought stay of June 30 order.

In the appeal it was stated that the trail judge wrongfully upheld the argument of the Sahara that "balance of convenience should go in favour of Sahara as a large amount of money had already spend for the serial and about 80

episodes are already shot".

It was also contended in the appeal that the trial judge should consider the fact that all affidavits filed on behalf of the Sahara and its producer, story writer, director are full of contradictions. There was no similarities with those affidavits.

For example, it was stated in the appeal that the producer in his affidavit said that the idea of the serial is his brain child and the affidavit of story writer Shachin Bowmik said that the story was based on his work Aprajita.

Barbara Tayor Bradford filed a suit for alleged copy right infringement against Sahara and obtained an order restraining the Sahara from telecasting the serial.

After full hearing of the injunction application, the trial judge vacated the ad interim order but on the plea of Sahara, the judge stayed the operation of its order till July 7. Barbara filed appeal against this order. The hearing of the appeal will continue.

BS Law Correspondent in Kolkata

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