Alia Bhatt, Sanjay Leela Bhansali, and the producers of Gangubai Kathiawadi, can now breathe a sigh of relief as Bombay HC has granted an interim stay on summons issued by the Magistrate Court on a defamation suit.
The case was filed by Babuji Shah (who claims to be the adopted son of Gangubai Kathiawadi). He claimed that the chapters on Kathiawadi in the novel The Mafia Queens of Mumbai (on which the film is based) were defamatory, tarnished her reputation and infringed upon her right to privacy.
The film makers Gangubai Kathiawadi moved to the High Court challenging issue of such summons by Mumbai City Civil Court. Senior Advocate Aabad Ponda appearing for the producers and Bhatt had no knowledge of the existence of Shah, the alleged adopted son of Gangubai Kathiawadi .
To this Justice Nitin Sambre observed that the law on the principle of Torts that ‘an action dies with the person, in a defamation proceedings’ is required to be appreciated. “The contents of defamatory nature against so called adoptive mother of the Appellant dies with her death,” Justice Sambre stated.
The Court also rejected the interim application of how Shah is the adoptive son of Kathiawadi as he failed to demonstrate it.