Bombay High Court refuses to stay release of Akshay Kumar starrer Sky Force

Akshay Kumar movie Sky Force will release in theatres tomorrow with the Bombay High Court on Thursday declining to stay the release of the film in a copyright infringement case. .Justice Manish Pitale refused to pass any ad-interim order on a plea filed by animator/ creative director Sandeep Gangatkar alleging similarities with his original work 'Fire Bird'.The Court also denied Gangatkar's request to pre-screen the movie before its release.."This Court is of the opinion that in the facts and circumstances of the present case, the balance of convenience is clearly in favour of the defendants, in the light of the fact that they would suffer immense loss, if ad-interim stay of release of the film is granted, particularly when the plaintiff has approached this Court at the eleventh hour and just before release of the film," the Court said in its order.However, the Court asked the director and producers (defendants) to file their responses to the plea within four weeks..The movie also features Sara Ali Khan, Nimrat Kaur and Veer Pahariya..Gangatkar's plea alleged that the film’s director and producers - Sandeep Kewlani, Maddock Films and Jio Studios (defendants) - had infringed Gangatkar’s copyright by using his original and unpublished script, 'Fire Bird' as the basis for the film..Gangatkar’s counsel argued that Sky Force's director and producer, who had access to his script, used it without permission, causing substantial similarities between Fire Bird and Sky Force.They claimed the defendants (the makers of Sky Force) had copied both the unique idea and detailed story elements from the script for Fire Bird, leading to a clear copyright infringement case.The dispute began after the Sky Force trailer was released on January 5, which Gangatkar claims contained direct reproductions of his creative work..Upon seeing the trailer, Gangatkar immediately sought to engage with the defendants by sending an urgent email on January 6, requesting a screening of the film. He also sent repeated communications over the following days in an attempt to address the matter with no success..Despite his attempts to resolve the issue, Gangatkar claimed that the defendants showed no genuine interest in addressing his concerns.He further alleged that during a final meeting on January 17, he realized the defendants were deliberately using delay tactics to frustrate his efforts, prompting him to file the suit.Gangatkar sought several reliefs, including an injunction to halt the release and distribution of Sky Force. He also requested a pre-screening of the film before its official release.Additionally, Gangatkar sought an order for the delivery and destruction of all materials (such as promotional content, advertisements, etc.) related to the film. .However, during the hearing, the defendants raised strong objections regarding the delay on Gangtkar's part in approaching the Court. They relied on the settled legal position that when a plaintiff seeks court intervention at the last moment, the Court is not obliged to entertain urgent ad-interim reliefs. The defendants, Maddock Films and Jio Studios (co-producers of the film Sky Force) filed affidavits to show that key details about the proposed film had been in the public domain at least since October 2023, which the plaintiff was admittedly aware of, according to his own pleadings.Despite this, the plaintiff chose to approach the Court at the eleventh hour, just before the a release of the film on January 24..After hearing both parties, the Court declined to grant any ad interim relief and asked the defendants to file their replies..The Court said that Gangatkar cannot claim "ignorance of such material in the public domain pertaining to the film Sky Force, at least since October 2023." It observed that he waited from October 2023 until the film was completed and then chose to approach the Court at the eleventh hour, only a couple of days before the release date to seek a stay on the film’s release. The Court also noted that the balance of convenience clearly favoured the defendants as they would suffer immense loss if an ad-interim stay were to be granted..The Court will hear the interim applications next on March 17..Advocate Hiren Kamod along with advocates Ravindra Suryawanshi, Anees Patel, Prem Khullar, Tanvi Nandgaonkar, Archis Bhatt and Amogh Prasad Khadye, instructed by Bar & Brief Attorneys appeared for the Sandeep Gangatkar.Senior Advocate Venkatesh Dhond along with advocates Anand Mohan and Nirali Atha and Riti Gada instructed by Dua Associates appeared for defendant Sandeep Kewlani.Senior Advocates Ravi Kadam and Ashish Kamath along with advocates Ameet Naik, Madhu Gadodia and Megha Chandra instructed by Anand & Naik represented Maddock Films.Senior Advocate Birendra Saraf along with advocates Ashwin Dave and Ms. Reshma Ranadive, instructed A S Dayal & Associates represented Jio Studios..[Read Order]