Kher drags Zee to court

Film actor Anupam Kher has filed an arbitration petition in the Bombay High Court urging for a direction to restrain Zee Telefilms Ltd from discontinuing the game show Sawaal Dus Crore Ka without him as one of the hosts.

The petition states that the company has committed a breach of contract.

On December 7, the actor's petition raised an apprehension on the basis of press reports that he would be removed from anchoring the show. On December 9, Zee Telefilms Ltd informed him officially that his services were being discontinued.

Kher then urged the high court yesterday to allow him to amend the petition since he had already been removed from the show, and got permission from Justice K K Baam.

Kher might file an amended petition by December 21 because Zee has declared that it has already shot six episodes that would last until then.

The actor contends that Zee Telefilms Ltd cannot terminate his services without a 60-day notice -- one of the conditions of the agreement entered into between the two on October 13.

Kher pleaded that, on his part, he had not committed any breach -- orally or in writing -- and that Zee had not raised such a grievance while terminating the contract.

The actor submitted that he was entitled to enforce the negative covenant in the agreement. Zee's behaviour had caused him grave loss of face and humiliation because of the company's conduct.

He also claimed that Zee's attitude had adversely affected his reputation as an actor. And that Zee's 'unprofessional' conduct had interrupted his other professional commitments, causing him grave harm thanks to the manner in which it had gone about in the media by launching a campaign with regard to his role in the show without any justification.

The actor contended that he was invoking the arbitration clause provided for in the agreement and was also seeking the court's protection by way of interim relief until his petition was finally heard and disposed of. His counsel has stressed on the Arbitration and Conciliation Act and Indian Contract act in their brief.

Kher said the agreement provided for a total payment of Rs 3.90 crore (Rs 2.50 lakhs for 156 episodes in a year), of which Rs 1 crore was to be paid as signing amount and the balance during the schedule agreed upon. It also provided for a 60-day notice from either side to terminate the contract.

The agreement further provides that in the event of termination for any reason except for default on the part of the performer (Anupam) before the agreement coming to an end, the performer shall be entitled to forfeit the amount paid to him by the company till date.

The actor said the agreement also required him to work for eight days in a month for rehearsals and shooting which he had duly allocated in the second fortnight of every month.

PTI