In a boost to noted film maker Karan Johar, the Delhi High Court dismissed a petition, filed by rival film producer Biswaroop Roy Choudhary, seeking an injunction against the use of the title Kabhi Alvida Naa Kehna.

Justice Vikramjit Sen rejected the plea on the ground that Roy had approached the court with a malafide intention after allowing Johar to expend a whopping Rs. 45 crore in making the high-budget Hindi film.

Roy in a petition claimed that he actually was the registered trade-mark holder of the title Kabhi Alvida Naa Kehna for his own film, the 'mahoorat' for which was performed on June 23, 2005.

According to Roy, he had completed 40 per cent production of his own film, but Johar by then had ‘plagiarised' the title for his own production and was planning to release the film in August this year.

However, Johar in his Defence stated that he obtained the rights for the title of the film through the motion picture and TV programme producers association by an order dated May 12, 2005.

Johar submitted that he had already spent about Rs. 45 crore in the making of the film and the same was due for release shortly.

Justice Sen said while Roy was yet to complete even half the production of his film, Johar had already completed the production of his movie and spent over Rs. 45 crore for the purpose.

The court pointed out that if Roy was a serious producer of his film, he ought not to have ignored the reports in the media and trade circles about the impending film of Johar with the said title which surfaced as early as in September 2005.

Since Roy had approached the court for an injunction against the use of title when the film is about to be released, the petition appears to have been filed with a malafide intention, Justice Sen said while dismissing the plea.