Balaji loses appeal in Kyunki.. case

Mumbai, Nov 07: A Division Bench of Bombay High Court on Friday dismissed an appeal filed by the producer of soap opera `Kyunki Saas Bhi Kabhi Bahu Thi` seeking to stay the termination notice served by the television channel Star plus, on which the serial airs.

Balaji - headed by Ekta Kapoor - had filed the appeal after single judge of High Court had rejected its petition on November 3. But the Division Bench of Justices JP Deodhar and SJ Kathawala too denied relief to the production house today. The last episode of Kyunki.. was aired last night. Balaji 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 fulfil their obligation to promote the serial through advertising. However, the channel said the programme had "outlived its life" and it had to be taken off the air, because channel was losing viewers. The fall in TRP has hurt Star`s advertising revenue, he added. The agreement provided that serial could be stopped if its TRP fell by 20 percent vis-a-vis the TRP in June 2008, Star`s lawyer Ravi Kadam said. Mentioning that the daily soap was popular even in Afghanistan, Balaji`s lawyer Janak Dwarkadas said that it was a "flagship" programme for both his client as well as Star. "It made Star what it is today," he said. Dismissing that the serial was ended due to any malice, Kadam said, "We won`t cut our nose to spite our face." Today`s ruling leaves Balaji with two options: to move the Supreme Court, or wait for arbitration proceedings. The agreement provides for appointment of arbitration panel in case any dispute arises. Bureau Report