No Relief for Netflix in Sahara Case
The Hon’ble Patna High Court today has declined to interfere in the order by Hon’ble Civil Judge Araria and directed Netflix to raise his objections to Civil Court, Araria. Netflix had filed an appeal challenging the injunction order dated 28.08.2020 passed by Civil Judge, Araria, in the matter of the controversial documentary series 'Bad Boy Billionaires: India' sought to be released by Netflix.
This is the second setback which Netflix has received in this matter as earlier, the Hon’ble Supreme Court had dismissed the SLP filed by Netflix, challenging the order dated 28.08.2020 passed by Civil Court in Araria, Bihar.
By the said order dated 28.08.2020, a Civil Court of Araria in Bihar had, on the plaint of Sahara India, restrained the NETFLIX and its producers, directors, employees, officers and associates etc. from releasing, transmitting, distributing, exhibiting, performing or communicating to the public, the said documentary series 'Bad Boy Billionaires: India' by any means or technology, so far it relates to Sahara and Subrata Roy Sahara.
Sahara’s spokesperson said that ‘Netflix documentary is a commercial venture of Netflix and as the promo of the said documentary series indicate; it contains various controversial and defamatory contents on Sahara and offends to the privacy and trademarks of their companies. As per Saharas, Minnows Films and Netflix have composed and produced such offending programmes, without taking their consent, which cannot be allowed to be aired in electronic, cellular or any other media. The court had found a prima facie case in favour of Saharas hence, restrained the Netflix.’
The Patna High Court has directed Netflix to ventilate their grievances, if any, before the Civil Judge, Araria only where the suit filed by Sahara is pending and kept the matter for further hearing in third week of October.
Sahara have also filed a criminal complaint against Netflix and its directors and executives, for committing various criminal offences under Information Technology Act 2000, Indian Penal Code and the Trademarks Act.