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High
Court rejects Kher's petition against Zee
(Posted
on 21 December 4:00 pm)
The
Mumbai High Court on Wednesday quashed film actor Anupam
Kher's hopes of getting back at Zee Telefilms for the summary
way in which he was dismissed as host of its flop game show
Sawaal Dus Crore Ka (SDCK). In his petition, Kher had challenged
his 'arbitrary' termination. He had also sought an injunction
from the court to restrain Zee from discontinuing with the
programme without him as a host.
Zee in its defence blamed Kher as the one who breached the
contract by speaking to the media and said it was justified
in removing him from the show, Press Trust of India reported.
After hearing both the parties at length, Justice KK Baam,
rejected Kher's petition on the ground that such a dispute
could only be decided through arbitration. Since nothing
survived in the petition, it was disposed of by the court.
Kher is now free to refer the matter to arbitration or prefer
an appeal against this order.
"No doubt, Anupam is a good artist. Yet, he cannot compel
Zee to retain him as a host," the judge remarked. Kher had
challenged the notice of 9 December served on him by Zee
informing him of its decision to drop him from SDCK.
Kher's counsel Janak Dwarkadas contended that Zee had no
right to terminate his client's services without giving
him 60 days prior notice as this was one of the conditions
of the contract signed between Kher and Zee on 13 October.
Zee's erratic dealings had publicly humiliated and psychologically
traumatised Kher, Dwarkadas claimed. Zee's counsel V Tulzapurkar
countered that Kher had himself committed breach of contract
by his utterances in the media which included his saying
he was not interested in the show. Neither Zee nor Kher
responded to calls requesting further details on the developments.
Meanwhile, the Cine TV and Artistes Association (CTVAA)
committee, to which Kher had sent a complaint relating to
the same case, was yet to meet on the matter. Association
Secretary Dharmesh Tiwari had said on 14 December that a
meeting would be taking place within a couple of days. Gathering
all the committee members from their various commitments
is proving a major hurdle.
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