Article-HC dismisses Balaji’s plea, Kyunki goes of

HC dismisses Balaji's plea, Kyunki goes off STAR

Mumbai, November 7 Mega soap Kyunki Saas Bhi Kabhi Bahu Thi, whose last episode was aired on Thursday night, failed to get any relief from the Bombay High Court after a vacation bench dismissed the appeal filed by its producer Balaji Telefilms.

The appeal had sought to stay the termination notice served by television channel Star TV, that airs the serial. Balaji, headed by Ekta Kapoor, filed the appeal after a single judge bench of the High Court rejected its petition on November 3.

On Friday a division bench comprising of Justice J P Deodhar and Justice S J Kathawala also denied relief to the production house. Balaji Telefilms had contended that the agreement between the two parties provided that the show will run at least upto March 2009. They also argued that the channel did not fulfill their obligation of promoting the serial through advertising.

However, senior counsel Ravi Kadam, appearing for the channel, contended that they have advertised adequately and that the contract was a terminable one.

He argued that the programme had 'outlived its life' and it had to be taken off the air because the channel was losing viewers and the TRPs had slipped. Star's lawyer Ravi Kadam contended, that the agreement provided that the serial could be stopped if its TRP fell by 20 per cent vis--vis the TRPs in June 2008.

Balaji's lawyer Janak Dwarkadas said that it was a 'flagship' programme for both his client as well as Star. He also mentioned that the serial was popular even in Afghanistan. "It made Star what it is today," he said. However, Kadam argued that the serial was not being taken off air because of any malice and contended that fall in the TRPs were hurting Star's advertising revenue. He further argued that the serial had fallen out of the top 10 serial rankings and was lying at the 15th place in October. With the dismissal of the appeal Balaji will either have to move the SC or wait for arbitration proceedings. The agreement provides for appointment of a arbitration panel in case any dispute.

http://www.expressindia.com/latest-news/hc-dismisses-balajis-plea-kyunki-goes-off-star/383025/

i thnk kyunki has nt yet ended!