SC Refuses To Entertain Netflix Appeal Against Bihar Order Restraining Use Of Subrata Roy’s Name In Web Series

The Supreme Court observed that a contract is void if prohibited by a statute under a penalty, even without express declaration that the contract is void

Supreme Court in its latest judgment refused to entertain Netflix’s petition against a local Bihar court’s order restraining the use of Subrata Roy’s name in the upcoming web series ‘Bad Boy Billionaires’.

Chief Justice of India SA Bobde asked Netflix to approach the appropriate forum for relief and stated that the Supreme Court was not the right forum to approach.

When the senior Advocate Mukul Rohatgi who was appearing for the OTT platform, informed the court that the series was due to be released today which necessitated an urgent hearing. Upon this CJI said that it was not the right forum to approach, should have approached the High Court.

The senior advocate emphasized that the release of the series was being jeopardized but the CJI was not inclined to hear the matter and reiterated that he should have approached an Appellate Court in Bihar.

As the bench was dismissing the SLP, Rohatgi sought permission to withdraw the same and urged the court to consider his transfer petition. He also urged the CJI to direct Patna High Court to hear the matter expeditiously.

The OTT platform had moved the Apex Court with two petitions- one was the SLP which sought vacation of stay ordered by the Bihar court and the other was a transfer petition for all cases to be brought before the Bombay HC.

This move came after the Bihar Court passed its order on Roy’s plea last week and a Hyderbad Court Order which stayed the release of the series on a plea filed by Satyam Computer Services founder Ramalinga Raju.