‘Varahararupam’ lyricist Shashiraj Kavoor reacted that the Kozhikode District Court dismissed the petition filed by Thaikudam Bridge regarding copyright infringement for the song ‘Varahararupam’ from Kannada film Kantara as ‘no jurisdiction’.
“The Honorable Kerala High Court ordered the ‘Kanthara’ team to seek relief from the lower court (original jurisdiction). Today, the lower court, after hearing the arguments of both sides, dismissed the Thaikudam Bridge’s motion and released the stay granted to Varaha Roopa. This is the victory of justice. Jai Thulunad,” Shashiraj wrote in a Facebook post.
An application filed by Hombale Films, the producer of the film, was granted under Order 7 Rule 10 of the Code of Civil Procedure for reinstatement of the complaint.
The district court returned the petition stating that it should be filed with the appropriate court. The court also ordered the parties to appear before Ernakulam Commercial Court within 14 days. The District Court, adjourning the motion, held that the motion for an injunction could proceed before the competent court.
As a result, the interim order issued by the district court on October 28 against the use of the song ‘Varahararupam’ in the film will not take effect. The restraining order is against Homebale Films, Rishabh Shetty and Prithviraj Productions (as producer, director and distributor of the film in Kerala). Additionally, streaming platforms such as Amazon Music, Spotify, Wink Music, and Geosave banned the song from being played.
Read also: Kantara in OTT without “Varaha form”; Desperate fans; The Thaikudam bridge as a victory of justice
But the interim order issued on November 2 by the district court of Palakkad, another court of Kerala, against the use of the song ‘Varaharoopam’ is still in force. The second order is in a case filed by Mathrubhumi Printing and Publishing Company Limited, which claims to be the copyright owner of the song ‘Navarasam’, which is the subject of a plagiarism dispute.
The Kerala High Court had recently refused to uphold the pleas filed by Homebale Films against the injunction issued by the District Courts seeking to dispose of appellate remedies under the Civil Procedure Code.
On 24 November, the film was streamed on Amazon Prime after skipping the song ‘Varaharupam’.
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