Advocate Ashok Saraogi argued that the HDTPL was the registered title holder of Mausam and only that firm could make a movie with that title. The firm, which had registered the title Mausam in 2001, had renewed the registration of the title on six occasions for the last decade. It had renewed the title last on August 9, 2010.
But the HDTPL could not commence the production of the movie as it had given priority to the production of Jimmy starring Mimoh Chakraborty, son of Mithun Chakraborty. The firm had claimed in its appeal that it had narrated the subject of the movie to actor Pankaj Kapoor, who is the director of Mausam. It alleged that Pankaj attempted to claim the title for himself.
According to rules framed by the AMPTPP, if a title remains unused by a producer for three years and if another producer applies for the same title, the committee seeks an explanation from the title holder. If the committee is not satisfied with the explanation, it is empowered to allot the title in favour of the new applicant.
However, Venkatesh Dhond and Ameet Naik, who appeared for Cinergy Pictures (producers of the movie Mausam) argued that HDTPL was given a hearing by the AMPTPP before the title was allotted to them. A division bench of Justices DK Deshmukh and Anoop Mohta dismissed the appeal of HDTPL after hearing their arguments. Now, the court has allowed the producers of Mausam to release it on September 16.
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