mumbai once again the bombay high court had to decide on copyright infringement of a bollywood film story and script and in set back to film director kunal kohli stayed his upcoming film phir se from being released justice s c gupte in a challenge raised against kohli by writer jyoti kapoor against phir se observed in an interim order that she has made out an arguable case that the first defendant kohli actually used or caused to be used the screenplay script of rsvp shared with him by the first plaintiff kapoor for producing the film phir se the court found and held that uncanny similarities of characteristics of the protagonists of the two films denouement of the overall plot with dramatic conflict faced by the protagonists in the light of their individual personalities and the approach of the society and people around them to their divorces their quest for partners their coming together only to develop doubts later then drifting apart and once again coming together in both the scripts or screenplays makes an arguable case in favour of the plaintiffs that the material entrusted to the 1st defendant in circumstances of confidence was actually used by the defendant kapoor had moved the hc against kohli and a production house which is making phir se she said it is based on her novel script rsvp which she had registered first in 2010 as a draft with the film writers association and later as a final script in 2012 before meeting and showing the entire script to kohli in 2013 to discuss its production but with talks failing with kohli she met another producer who agreed to make rsvp she told the hc that to her surprise in 2014 she read about how kohli was making a film based on her storyline kapoor moved the hc where justice gupte heard at length her contentions and that of kohli who denied similarities or infringement of her work a bunch of lawyers including sharan jagtiani jamshed mistry and venkatesh dhond appeared for makers of phir se but ultimately the judge who even saw the scripts observed that the two works viewed in the backdrop of the fact that in close proximity with the making of the film phir se kapoor actually shared the final version of the screenplay of rsvp with kohli and that the script of phir se came to be registered after such sharing supports her case that the similarities between the two scripts screenplays are not based on pure chance or fortuitous circumstance or the defendants having worked on independent sources of common or public knowledge for making of the film phir se no doubt there are other elements which also form part of the key elements of the film phir se such as the gay parents of the male protagonist and the resultant dramatic or comic situations of the film and also the parallel narrative of the cake world used by the defendants but with all