The Bombay High Court has ruled that the name of Chhatrapati Shivaji Maharaj “in any form cannot be the subject matter of exclusivity,” paving the way for the release of filmmaker Mahesh Manjrekar’s Marathi movie Punha Shivaji Raje Bhosale on Friday.
A vacation bench of Justice Amit Jamsandekar refused to stay the film’s release, dismissing a plea by Everest Entertainment LLP that alleged copyright infringement and sought to restrain the release. The detailed order was made available on Thursday.
Everest Entertainment, which co-produced Mi Shivaji Raje Bhosale Boltoy in 2009 with Manjrekar’s Ashwami Films, claimed to hold exclusive copyright over the title and script of the earlier film. In 2013, the company said it acquired full rights to the movie and later discovered that Manjrekar was working on what appeared to be a sequel.
The company alleged that Punha Shivaji Raje Bhosale copied substantial portions of its script, plot structure, and dialogues.
Rejecting Everest’s plea, the court observed that the name “Chhatrapati Shivaji Maharaj” is a historical and cultural identity that cannot be monopolised by any individual or entity.
“The name of Chhatrapati Shivaji Maharaj in any form cannot be the subject matter of exclusivity,” Justice Jamsandekar held.
The court further stated that Manjrekar’s film was an “entirely new work” and not a literal imitation of Everest’s movie. It found no substance in the claim that Marathi audiences would be confused or misled.
“The well-informed and tasteful audience of Marathi films, prima facie, is not going to be confused or deceived by any of the factors alleged by the plaintiff (Everest), including the title of the film,” the court said.
The bench also rejected Everest’s claim that dialogues had been copied, holding that they were generic and part of the shared language and literary tradition of Marathi cinema and theatre.
“The dialogues in which the plaintiff claims copyright are not its original work,” the court said, adding that such phrases were common expressions used by Marathi-speaking people.
Justice Jamsandekar noted that Everest’s approach to the court was “grossly delayed” and “calculated” to pressure the filmmakers close to the release date.
“I find that the delay on the part of the plaintiff is calculative. Prima facie, I find that the silence on the part of the plaintiff is a calculated move to put the Court and the defendants under pressure,” the order stated.
The court emphasised that litigants who adopt a “relaxed approach” do not deserve equitable relief and that last-minute applications seeking interim injunctions should be discouraged.
Finding no prima facie case of copyright infringement or unfair use, the High Court refused to grant any interim relief and dismissed the plea.
The ruling clears the way for Punha Shivaji Raje Bhosale—directed by Mahesh Manjrekar—to hit theatres as scheduled this Friday.
