Makers of web series titled ‘Scam 2003-The Curious case of Abdul Karim Lala Telgi’ have sought dismissal of the suit filed by the late counterfeiter’s daughter Sana, contending that the suit is based on “mere speculations and misplaced apprehensions” that its contents are likely to be “defamatory”. The producers also said that the family delayed the action despite being aware of the series since March 2021.
Suit seeks to restrain makers
The suit sought restraining filmmaker Hansal Mehta, the production company Applause Entertainment Pvt. Ltd. and OTT platform Sony from “streaming, airing promoting, directing, marketing, directing, releasing,” the series.
Applause Entertainment Pvt. Ltd. filed an affidavit in reply, opposing the suit stating that the family has “failed” to disclose any cause of action with regard to “defamation and right to privacy”.
Premature action, no publication of defamatory content: Producers
“Defamation is a personal right and is not pre-emptive in nature,” read the affidavit. Without seeing the web-series (since it is not yet released) and without there being any basis, the plaintiffs have been unable to explain which aspect/content of the series is defamatory, the producers said. Terming the action as premature, they have contended that there has been no publication of any defamatory content as alleged in the suit.
“The plaintiffs slept over their rights consciously and failed and neglected to approach the court expeditiously and waited for almost 19-20 months before filing the present suit...,” reads the reply.
Plaintiffs have not objected to the book: Affidavit
Moreover, the plaintiffs have not objected to the book titled ‘Telgi Scam-Reporter Ki Diary’ which has been in the public domain since 2004 and/or any such articles available in the public domain and thus, cannot now plead violation of privacy, adds the affidavit.
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