‘Varahararupam’ lyricist Shashiraj Kavoor reacted to the Kozhikode District Court returning the petition filed by Thaikudam Bridge alleging copyright infringement for the song “Varahararupam” from the film Kantara Kantara as “no jurisdiction”.
“The Hon’ble Kerala High Court directed the ‘Kanthara’ team to seek relief from the lower court (original jurisdiction). Today, the lower court, after hearing arguments from both sides, dismissed the Thaikudam Bridge plea and vacated the stay granted to Varaha Roopa. This is the victory of justice. Jai Thulunad,” Shashiraj wrote in a Facebook post.
An application filed by Hombale Films, the film’s producer, under Order 7 Rule 10 of the Code of Civil Procedure for reinstatement of the complaint was allowed.
Also Read: Varaha Roopam Kozhikode District Court dismisses Varaharupam’s petition for Thaikudam Bridge ‘not within jurisdiction’
The district court returned the petition stating that it should be submitted to the competent court. The court also ordered the parties to appear before the commercial court in Ernakulam within 14 days. Returning the petition, the District Court decided that the application for an injunction could proceed before the competent court.
Consequently, the ad-interim order passed by the District Court on October 28 against the use of the song ‘Varahararupam’ in the film will not come into effect. The restraining order is against Homebale Films, Rishabh Shetty and Prithviraj Productions (as producer, director and distributor of the film in Kerala). Also, streaming platforms such as Amazon Music, Spotify, Wink Music and Geosave have banned the song from playing.
Also read: Kantara in OTT without ‘Varaha form’; Desperate fans; Thaikudam Bridge as a victory of justice
But the interim order issued on November 2 by the Palakkad District Court, another court in Kerala, against the use of the song ‘Varaharoopam’ is still in place. The second order is in a case filed by Mathrubhumi Printing and Publishing Company Limited, which claims to be the copyright owner of the song ‘Navarasam’, which is the subject of a plagiarism dispute.
The Kerala High Court had recently refused to entertain pleas filed by Homebale Films against the injunction order passed by the District Courts seeking to dispose of appellate remedies under the Code of Civil Procedure.
On 24 November, the film was streamed on Amazon Prime after skipping the song ‘Varaharupam’.