HC refuses to interfere with Star's termination of `Kyunki..'

The Bombay High Court on Monday refused to grant a stay on the termination notice served by Star TV to the producers of popular TV serial "Kyunki Saas Bhi Kahi Bahu Thi'.

MUMBAI: The Bombay High Court on Monday refused to grant a stay on the termination notice served by Star TV to the producers of popular TV serial "Kyunki Saas Bhi Kahi Bahu Thi'.

"Such relief is not possible", Justice J H Bhatia said.

Star has decided to scrap the serial following a drop in its Television Rating Points between July and September this year. Last episode will be telecast on November six.

But the serial's producer Balaji Telefilms -- headed by Ekta Kapoor -- moved vacation bench of Bombay High Court last week, seeking stay to the termination notice.

Balaji's counsel Ram Jethmalani argued that agreement between the two parties provided that the show will run at least upto March 2009.

Jethmalani also contended that Star did not fulfill its obligation to promote the serial through advertising.
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Though the agreement -- modified this August -- allows Star to end the serial if its TRP falls by 20 per cent, compared to the June 2008 figures, Jethmalani argued that when contract was modified, TRP was already 28 per cent down.

So the benchmark TRP should be the one in August, and not that in June, he contended.

But Star's counsel Ravi Kadam said that agreement specified that June TRP was the benchmark, and it had fallen over 20 per cent since then, so Star could end the contract.

"Programme has outlived its life. We had no motive to hurt Balaji," Kadam said, adding that serial has to be taken off the air, because channel was losing viewers of prime time slot to other channels.
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Kadam pointed out that Balaji had other five serials which Star is continuing to telecast.
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