The Madras High Court on Tuesday dismissed Netflix’s plea to reject a civil suit filed by actor Dhanush’s production house, Wunderbar Films, against actress Nayanthara and others over alleged copyright infringement related to the documentary Nayanthara: Beyond the Fairytale.
Justice Abdul Quddhose also rejected an application seeking to revoke the leave previously granted to Wunderbar Films, which allowed them to file the case before the Madras High Court and include Netflix as a party, despite its registered office being in Mumbai.
The Court has scheduled a hearing for 5 February on an interim application filed by Wunderbar Films in the case against Nayanthara and others.
Los Gatos Productions, Netflix’s investment arm in India, had filed two applications—one challenging the court’s decision to allow Wunderbar Films to implead it as a party, and another seeking complete dismissal of the case.
Senior Advocate R. Parthasarathy, representing Los Gatos, argued that the Madras High Court lacked jurisdiction as Wunderbar Films’ registered office is in Kanchipuram, not Chennai. He contended that the company should have approached a district court in Kanchipuram under Section 62 of the Copyright Act, 1957, or the Bombay High Court under Clause 12 of the Letters Patent Act, 1865, since Los Gatos and Netflix are based in Mumbai.
However, Advocate General P.S. Raman, appearing for Wunderbar Films, countered that at the time of Nayanthara’s contract for the 2015 film Naanum Rowdy Dhaan, both she and Wunderbar Films had their offices in Chennai. He also pointed out that part of the film was shot in Chennai and the Netflix documentary was released nationwide, including in Chennai.
“In so for as the Madras High Court is concerned which exercises Ordinary Original Civil Jurisdiction, Clause 12 of the Letters Patent instead of Section 20 of Civil Procedure Code applies. Clause 12 of the Letters Patent empowers this Court to grant leave to institute a suit if a part of cause of action arose within the jurisdiction of this Court This Court granted leave for the first respondent/plaintiff to institute a suit against the applicant/fifth defendant only by exercising its powers under Clause 12 of the Letters Patent since major part of cause of action for the suit arose only at Chennai, within the jurisdiction of this Court,” the High Court said.
The High Court ruled that granting Wunderbar Films permission to file the suit was justified, as the court holds original civil jurisdiction and a significant part of the cause of action occurred in Chennai.
Meanwhile, on 16 November, Nayanthara alleged on social media that Dhanush was holding a personal grudge against her and her husband. She also expressed shock at receiving a legal notice from him, demanding ₹10 crore in damages over a three-second behind-the-scenes clip from Naanum Rowdy Dhaan used in the Netflix documentary’s trailer.
Nayanthara, the third defendant in the case, is being represented before the court by Senior Advocate Satish Parasaran.
Read more: Not within Indian court jurisdiction to hear copyright case by ANI: OpenAI