Court refuses to stall release of 'O' Romeo' film

Mumbai, Feb 7 (PTI) A court here on Saturday refused to stall the release of film "O' Romeo", denying interim relief to late gangster Hussain Ustara's daughter, who claimed the movie was based on her father's life and that no prior consent had been obtained from her by its makers.

Sanober Shaikh, daughter Hussain Shaikh (notoriously known as Hussain Ustara), has filed a civil suit against the producer of the film Sajjid Nadiadwala, its director Vishal Bhardwaj and author Hussain Zaidi before a civil court here.

The movie is scheduled to release in theatres on February 13.

The court said Sanober Shaikh prima facie failed to establish a case for an injunction against the movie's producers and directors.

Civil court judge H C Shende, in his order, pointed out that the plaintiff had previously demanded monetary compensation from the makers, making an immediate injunction "impermissible in the eye of law".

Sanober Shaikh's lawsuit alleged that Nadiadwala and Bhardwaj are "involved in the production and direction of a film based on the biography of her late father".

"The film "O' Romeo" is being produced with the intent of commercial and monetary gain and no prior consent had been obtained from the plaintiff," the suit, filed through advocate D V Saroj, alleged.

Sanober Shaikh emphasised that the movie's theme is entirely based on her deceased father, who has been "portrayed as a gangster".

She had also filed a notice of motion, seeking interim order to stop the movie's release.

The defence, represented by advocates Ashwin Bhalekar and Rishi Bhuta, argued that the film is a "pure work of fiction" and includes clear disclaimers.

The defendants further submitted that in notices leading up to the suit Sanober Shaikh demanded money ranging from Rs 1 crore to Rs 5 crore, "demonstrating that the grievance is purely monetary". The court took a note of the correspondence placed between the plaintiff and the defendant.

It reveals that she admittedly demanded monetary compensation at various stages and asked to take their permission, the order said.

"The plaintiffs' case (interim relief) cannot be accepted as it is more particularly the intention of plaintiffs expressed through admitted correspondence, in between parties," it said.

The court highlighted that the element of delay in filming the suit needs to be considered.

"The plaintiff was well aware of the proposed film much prior to filing suit, yet approached the court only when the release date was imminent," it said.

The judge underlined that the law of equity "does not favour a party to sleep over its alleged rights".

On contention of pre-screening by the court commissioner, the judge ruled such a course would amount to judicial censorship which is also not permissible in a view of settled law.

It then concluded that "no strong prima facie case made out by the plaintiff to issue injunction".

The court, however, clarified that the observations made in the order are prima facie in nature and shall not influence the final adjudication of the suit.

Shaikh's advocate said the verdict will now be challenged in the Bombay High Court.

The film stars Shahid Kapoor, Triptii Dimri, Nana Patekar and others. PTI AVI NP