Justice Amit S. Jamsandekar of the Bombay High Court dismissed an interim application filed by Everest Entertainment LLP seeking to restrain filmmaker Mahesh Manjrekar and others from releasing the Marathi film “Punha Shivaji Raje Bhosale.” The plaintiff claimed copyright infringement and passing off, alleging that the new film unlawfully copied elements from its 2009 hit “Mee Shivajiraje Bhosale Boltoy.”
The Court, however, found that Everest Entertainment had delayed its legal action despite knowing of the alleged infringement since April 2025, and only moved the Court days before the film’s October 31 release. Relying on precedents, the Court held that a litigant who adopts a relaxed approach does not deserve any equity, adding that last-minute injunctions must be discouraged.
On merits, Justice Jamsandekar observed that no prima facie case of copyright infringement was made out. The plaintiff had failed to show that the defendants made a facsimile copy of the earlier film, as required under Section 14(d) of the Copyright Act, 1957. The Court emphasized that mere thematic resemblance or use of common cultural motifs around Chhatrapati Shivaji Maharaj does not amount to infringement.
Further, the Court held that common Marathi expressions and dialogues, such as “Marathi Mansala Kana Nahi”, cannot be monopolized as original literary works, and the visual depiction of Shivaji Maharaj in posters was generic. Finding both delay and lack of originality fatal to the claim, the Court rejected the plea for an ad-interim injunction, allowing the film’s release as scheduled.
The Interim Application has been listed for final hearing in the week commencing 17.11.2025.
Appearances:
Mr. Ravindra Suryawanshi, Ms. Tanvi Nandgaonkar, Mr. Archis Bhatt and Mr. Amogh Prasad Khadye i/by Bar and Brief Attorney, Advocates for Plaintiffs.
Mr. Harshand Bhadbhade a/w Gouresh Mogre, Dileep Satale, Shagufa Patel, Vedastu Rane, Atreya Tambe, Saaniya Sait, Advocates for Defendant No. 1 and 4.
Mr. Mandar Soman, Advocate for Defendant Nos. 2,3,5 & 6
Mr. Kunal Mehta a/w Kunal Parekh, Nirali Atha I/by Dua Associates, Advocates for Defendant No. 7 (Zee Entertainment Enterprises Ltd.)
