Subrata Roy

The Supreme Court on Wednesday refused to entertain a plea by Netflix against an order by a lower court in Bihar, which restrained the online streaming service from using Sahara Group chief Subrata Roy’s name in its web series Bad Boy Billionaires.

The court also asked Netflix why it had come directly to the SC against a lower court order.

Chief Justice S A Bobde, heading a four-judge Bench, told senior advocate Mukul Rohatgi, who appeared for the petitioner, “You have deliberately come here…you should not have come here.”

The court allowed Rohatgi to withdraw the plea and approach the court concerned against the order by a court in Araria, Bihar.

“Mukul Rohatgi, senior counsel appearing for the petitioner (Netflix Entertainment Services India LLP), prays for withdrawal of this petition with liberty to avail an appropriate remedy in accordance with law. Prayer is allowed,” the court said in its order. “However, we make it clear that when the petitioner avails of such a remedy, the concerned court may deal with the matter on its own merits expeditiously….”

The bench, however, issued notice on another plea by Netflix, stating that there are many petitions pertaining to the web series pending in various High Courts and sought their transfer to the apex court.

Appearing for Sahara India, senior advocate Vikas Singh opposed Netflix’s plea against the trial court’s order. He said the order was given by a civil judge and the appropriate forum to appeal is a district court.

According to the company, the web series “explores the greed, fraud and corruption that built up — and ultimately brought down — India’s most infamous tycoons”.