Bombay High Court urged resolution in defamation dispute between Aditya Dhar and Santosh Kumar over script origins. Court cautioned against escalation, encouraging amicable settlement to avoid prolonged litigation.
The Bombay High Court on Thursday indicated that the defamation case filed by writer-director Aditya Dhar of “Dhurandhar 2 – The Revenge” against writer-filmmaker Santosh Kumar over the origins of the film’s script should not be allowed to spiral.
Justice Arif Doctor today urged both sides to resolve the issue.
Justice Doctor observed,
“A matter like this should be resolved. It doesn’t need to escalate into a fight for defamation,”
Dhar sued Kumar in connection with the latter’s claim that the film’s script was plagiarised. Kumar, in turn, alleged that he had written a similar script much before the film’s release. Dhar denied these allegations and argued that any such comment is defamatory.
The court recently passed an order restraining Kumar from continuing to make claims of plagiarism against Dhurandhar’s makers.
Pointing out that if Kumar believed his script had been copied, he could pursue the matter through proper civil proceedings rather than making allegations in the media, the court said:
“You have a civil claim; make it. They will defend it. In that you may seek a settlement. If there has to be a fight, there will be a fight. But it does not need to escalate to this level,”
Advocate Pravin Faldessai, appearing for Kumar, clarified that his client’s grievance is limited to asserting authorship over the story.
He said,
“I don’t really enjoy fighting a suit before any court. Because my only claim is that the story is written by me, it’s my original work, and somebody has to make that claim,”
The court assured Kumar that he cannot be barred from making that claim, but added that there was scope to de-escalate the dispute and work out a settlement.
Justice Doctor said,
“My firm view is that this matter can only be de‑escalated and worked out,”
Senior Advocate Birendra Saraf, appearing for Dhar, submitted that if Kumar wanted to continue asserting his claim over the script, he should do so through proper legal proceedings and not by repeating allegations in the media.
In response, Faldessai said he would speak with Kumar regarding the proposal.
The judge further observed that he wished to bring the dispute to an end when the case is heard next.
The judge remarked, before adjourning the matter till April 30,
“(In the next hearing), I will pass an order saying that you (Kumar) will refrain from using such words. And you file your claim, keeping all rights and contentions open, whatever case you have against them. This entire proceeding comes to an end. Otherwise, a defamation suit will lie pending, for what purpose?”
Dhar filed the defamation suit against Kumar after Kumar publicly claimed that Dhar’s film, Dhurandhar: The Revenge, copied his registered script, D Saheb. Dhar had sent a legal notice denying plagiarism and cautioning Kumar, but Kumar did not respond. Dhar then approached the High Court seeking an injunction and damages.
At the earlier hearing on April 8, the High Court restrained Kumar from repeating the allegedly defamatory comments relating to the film’s script.
Saraf was supported by a team from DSK Legal, including partners Parag Khandhar and Chandrima Mitra, and associates Siddhi Somani, Zara Dhanboora and Diva Chanchani.
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