Appearing for Varma in his personal capacity before Justice Geeta Mittal, Maharashtra Advocate General Ravi Kadam asserted that his client's film has both its script and location different from the original film and does not violate any provision of the Copy Rights Act.
Pleading to the court to lift the embargo on yet to be completed film, Kadam said not only the script of his client's film is set in urban location but even the dialogue of the characters in the film are different.
Unless his client's film matches the original Sholay scene-to-scene and dialogue-to-dialogue and in every other respect, it cannot be accused of violating sections 14 and 51 of the Copyright Act of 1957, he said.
Kadam also contended that the Delhi High Court did not have the jurisdiction to hear the petition as both the petitioner and respondents are Mumbai-based.
Advocate Parveen Anand appearing for petitioner Sascha Sippy, son of original Sholay's producer Vijay Sippy, however submitted that Varma had copied the script and characters of the original film.
After hearing petitioner's arguments briefly, Justice Mittal adjourned the matter for further hearing on March 2, directing him to file his written arguments.
Sascha Sippy, the director of Sippy Films, had moved court on Oct 19, 2006 for restraining Varma from using the words 'Sholay', 'Gabbar' and 'Gabbar Singh' in the new film.
The court had issued notices to Varma, his production House K. Sera Sera's managing director P.M. Sanghvi and original Sholay's producer's son Ajit Sippy, who sold the production rights for the remake of Sholay to Varma, to file their replies to the allegations in the petition.
The petitioner had contended that the script and screenplay of Sholay are the original literary work, protected under the sections 14 and 51 of the Copyright Act of 1957.
The three catchy and popular words had been registered under the statutory provisions of both the Copyright Act and the Trademark Act, said the petition.
Varma is currently engaged in shooting the film with superstar Amitabh Bachchan in the role of Gabbar Singh.