Eros International and Ashtavinayak lock horns

The two companies are fighting over rights for Bol Bachan,Golmaal 4 and Rockstar.

Eros International and Shree Ashtavinayak Cine Vision Limited,both renowned entertainment companies,are locked in a battle over the rights of four films. Bol Bachan,Golmaal 4,an untitled Akshay Kumar starrer to be directed by Rohit Shetty are among the movies in question as also Rockstar directed by Imtiaz Ali. According to a public notice issued in May 2011 in the trade magazine Box Office India by Eros Media Limited,Ashtavinayak had breached the Memorandum of Agreement (MOA) signed between them for three films. The three films included Rohit Shettys Bol Bachan starring Ajay Devgn and Abhishek Bachchan,his Golmaal 4 starring Ajay Devgn,Tusshar Kapoor,Arshad Warsi and Kareena Kapoor and Shettys untitled film starring Akshay Kumar. The MOA included that copyrights of the said films will vest jointly with both parties in a 50:50 ratio.

According to the notice,Ashtavinayak in breach of the said MOA purported to create third party rights of the satellite rights of the said films by licensing the same to a said channel. The purported agreements executed by Ashtavinayak qua the satellite rights or other rights in respect of the said films for any territory of the world is wholly illegal,contrary to the said MOA and not binding on us. Thus the satellite channel did not derive nor entitled to any rights much less satellite rights or any other rights of all or any of the said films for any part of the world including the territory of India.

Though Ashtavinayak was not willing to comment on the issue,Rohit Shetty said that Bol Bachan that goes on the floor on August 20 is being produced by Ajay Devgns production company and Ashtavinayak and he is not aware of any other producer. As for Golmaal 4,there are only speculations that it is being made. I have not even thought about it. And I will go into the film starring Akshay Kumar after Bol Bachan, said Shetty.

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In the same publication,another notice has been issued against Ashtavinayak with regards to Imtiaz Alis Rockstar starring Ranbir Kapoor and Nargis Fakhri for terminating the agreement. One of the points mentioned (among others) include After unconditionally accepting more than 50 per cent minimum guarantee amount without demur and deriving benefit therefrom Ashtavinayak with intent to wriggle out of all their obligations under the said agreement and otherwise cause irreparable loss to us and wrongful gain to themselves purported to unilaterally terminate the said agreement on the basis of allegations which to their knowledge were concocted,false,farcical,absurd and unfounded. And this despite the fact that Ashtavinayak in breach of the said agreement,albeit our blemishless record surreptitiously and illegally purported to create third party rights in the said film alia in the territories of Delhi,UP (M/S Bobby Enterprises,Delhi,Punjab,(M/S Purisons Jalandhar City) and Bombay circuit (Y.T.E Entertainment Ltd,Mumbai) and otherwise fail to perform with the condition precedent with payment under the said agreement.

As for Ashtavinayak terminating the agreement with Eros,a source from Eros on condition of anonymity said,The contract cannot be terminated under any circumstances and anyway we have paid the said amount in the contract,and whatever is remaining as balance is supposed to be paid on delivery.

Sunil Lulla,head honcho of Eros,remained unavailable for comment since the matter is sub-judice.

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