Mumbai: Bombay High Court has directed two film laboratories to hand over prints of 12 popular films of the late legendary Marathi actor, producer and comedian Dada Kondke to a media company.

Justice Riyaz Chagla on July 20 directed Bombay Film Enterprises Private Ltd and National Film Development Corporation Ltd to “release and hand over possession of negatives/print positives” to Everest Entertainment LLP.

The order was passed in Everest’s interim application in its pending suit to declare it the lawful owner and absolute copyrights holder of rights in twelve films of late Shrikrushna Kondke alias Dada Kondke.

Everest claimed rights were bequeathed by Kondke’s January 2, 1998 will to Manik More, the daughter-in-law of his sister Leelabai More. On August 10, 2022 Manik assigned the rights in favour of Everest.

Everest’s application said Kondke expired on March 14, 1998. He produced films under three banners. Manik was the sole and exclusive rights holder of negatives, copyright, intellectual property, exploitation and all electronic media rights in 12 films. A Pune court granted probate of this will in 19, 2008. Among the 12 films are Songadya, Andhala Marto Dola, Pandu Hawaldar, Bot Lavin Tithe Gudgulya, Aali Angawar, Sasarche Dhotar, Muka Ghya Muka and Andheri Raat Mein Diya Tere Haath Mein (Hindi).

Everest sought interim relief against two trustees – Hridaynath Kadu Deshmukh and actress Usha Chavan – of Shahir Dada Kondke Pratishthan who are claiming ownership rights to these films. They had filed a suit against the laboratories in a Pune court. On May 3, HC restrained the Pratishthan/ trustees from infringing on Everest’s rights in the films and restrained the laboratories from handing over negatives/ print positives or any material of 12 films to the trustees or anyone other than Everest.

Senior advocate Ashish Kamat, for Everest, said HC was prima facie satisfied that 12 films are to be handed over only to Everest and none other. Advocates Aniesh Jadhav and Ketan Dhavle, for the laboratories, said their clients are “mere custodians of the films for and on behalf of late Dada Kondke and will submit to orders of the court.”

The trustees’ advocate A A Garge said any further relief to Everest will come in the way of relief sought in the suit before the Pune court. But Justice Chagla said that his contention was “misconceived” as the suit is against the laboratories, and is not against Everest and it cannot be a bar on granting of any furt- her relief for Everest.

Justice Chagla noted that the high court at a prima facie stage had held that the will appears to indicate that rights in the subject films have been bequeathed by Kondke, the original copyright owner to Manik.

Considering that HC had found that Everest had made out a prima facie case that they have been assigned rights in the 12 films, Justice Chagla said, “ It would only follow that the plaintiff is entitled to the negatives/ print positives of the subject films.”

He kept the rights and contentions of the trustees open for adjudication on August 23.