The Supreme Court on September 2 refused to entertain an appeal by Netflix against a Bihar lower court order restraining it from using the name of businessman Subrata Roy in its upcoming docu-series 'Bad Boy Billionaires'.
While rejecting the appeal, the bench headed by Chief Justice S A Bobde did, however, grant liberty to Netflix to approach the Patna High Court against the order passed by a civil court in Araria, Bihar.
The civil court order dated August 28 restrained the Netflix from releasing the documentary series using the name of known businessman and Chairman of Sahara India Pariwar Subrata Roy.
An injunction suit had been filed by a Sahara Group entity and a sector manager of Sahara in Bihar for restraining Netflix from releasing the said series.
Senior advocate Mukul Rohatgi, appearing for Netflix in the apex court, told the bench that several petitions pertaining to the web series are pending in various high courts and the apex court should transfer these matters to itself. The bench issued notice on the separate petitions filed by Netflix seeking transfer of the matters pending before different high courts.
Senior advocate Vikas Singh, appearing for Sahara India, opposed the Netflix plea and said that the order was passed by a civil judge and an appeal would lie before the district judge and not before the high court or the apex court.
The web series, scheduled for release in India on September 2, is promoted by Netflix as: This investigative docuseries explores the greed, fraud and corruption that built up – and ultimately brought down – India's most infamous tycoons.
Meanwhile, the Saharas have filed a criminal complaint against Netflix and its directors Abhishek Nag, Reginald Shawn Thompson, Neha Sinha and the producers Nick Read, Reva Sharma and Iqbal Kidwai, under sections of the Information Technology Act 2000, Indian Penal Code and the Trademarks Act.
(With inputs from PTI)
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