HC restrains firm from making pacts for Mumbai terror attack films

Plus Holdings claimed that it has rights over the film and Netflix was in breach of an arbitration award granted to the Dubai-based firm's favour in Singapore

The Bombay High Court has restrained "Hotel Mumbai PTY Ltd" from entering into any pact related to the movie "Hotel Mumbai", based on 2008 terror attacks, forARC nations. The interim order, which restrained the firm from "entering into any agreement or creating any third party rights" for the film, was passed by Justice G S Kulkarni on Thursday.

The court has posted the plea for further hearing on April 4. Hotel Mumbai PTY Ltd is one of the parties involved with the film. The suit has been filed by a Dubai-based firm, Plus Holdings, seeking to block Netflix from screening the movie which is based on the November, 2008 terror attacks on the Taj Hotel in south Mumbai. Plus Holdings claimed that it has rights over the film and Netflix was in breach of an arbitration award granted to the Dubai-based firm's favour in Singapore.

"The petitioner has become aware that Respondent No.4 (Netflix Global LLC), in breach of the Emergency Award and of the Petitioner's unique rights and entitlements in the said Film, intends on shortly releasing the said Film in India. "Hence, the Petitioner is constrained to file the present petition under Section 9 of the Arbitration and Conciliation Act, 1996," the suit said.

Netflix Global LLC informed the court that its licence rights to air the movie 'Hotel Mumbai' on its platform has been terminated by Hotel Mumbai PTY Ltd. Netflix then sought to be deleted as respondent party in the suit which was accepted by the high court. Justice Kulkarni, after hearing arguments in the case, noted that there was substance in the petitioner's contentions.

"It appears that the rights of the petitioner with regard to the film in question have been sufficiently recognized," the court said in its order. "Considering the facts and circumstances of the case, it would be necessary to grant interim protection to the petitioner. Accordingly respondent No. 3 (Hotel Mumbai PTY Ltd) is restrained from entering into any agreement or creating any third party rights in relation to the film "Hotel Mumbai" for theARC territories," Justice Kulkarni said.

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