Sourav Ganguly Suffers Setback As Delhi High Court Refuses Stay On 'Doosra' Release

Sourav Ganguly's counsel apprehended a violation of the cricketer's personality rights.© BCCI

The Delhi High Court on Thursday refused to stop the theatre release of the film 'Doosra' on October 23 on a plea filed by cricketer Sourav Ganguly. A vacation bench of Justice Dinesh Bhatt orally observed that the 'balance of convenience' favours the makers of 'Doosra', stated to be the story of a middle-class Rajasthani girl inspired by certain sporting events involving the former India captain. 'Balance of convenience' is a legal test used by courts to decide whether to issue a preliminary injunction, by weighing the potential harm to the plaintiff if an injunction is denied and to the defendant if it is granted.

"It is due for release tomorrow (Friday). Balance of convenience prima facie does not favour you. You may have a valuable right. (But) We are not stopping the film today," the judge orally told the plaintiff.

The court listed the matter for hearing on Friday.

Besides Ganguly, Luv Films LLP, which is producing a biopic of the former cricket captain, is also a plaintiff in the lawsuit.

The senior counsel appearing for the filmmakers assured that 'Doosra' was not a biopic and that due permissions were taken to use certain clips involving the plaintiff.

"This is blackmailing on the last day," said the filmmakers' counsel, informing the court that over a hundred theatres have been booked and advance payments have been made.

Ganguly's counsel apprehended a violation of the cricketer's personality rights, asserting that no licence was taken from him for the production of 'Doosra'. He informed the court that a biopic on Ganguly's life was already under production.

"The movie (Doosra) is being promoted on Sourav Ganguly. Sourav Ganguly is the actual hero of the movie. He and his life are the main theme of the movie," Ganguly's counsel said, offering to pay the "advance booking amount" to defer the release.

The defendants' counsel contended that a player cannot claim "personality right" over clippings of the 2002 NatWest series. He said the plaintiffs are yet to watch the movie and all their apprehensions are based on assumptions.

'Doosra: India's Other Freedom Struggle' is a sports drama directed by Abhinay Deo and starring Plabita Borthakur, Ankur Vikal and Samidha Guru.

(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)

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