New York SC dismisses lawsuit filed against International Indian Film Academy (IIFA)

In a lawsuit filed before the Supreme Court of the State of New York early this year by a travel professional Akarsh Kolaprath of 7M Tours against Dr. Kiran Patel of Tampa and Wizcraft International Entertainment, the organizers of IIFA Weekend & Awards, the Supreme Court granted the motion to dismiss the suit in favour of defendants. The lawsuit consequently stands disposed of. The case was dismissed by the Court on preliminary grounds, evoking the principle of forum non conveniens stating that the State of New York had no substantial nexus to the parties to the dispute. The Court observed that the connections between New York and the transactions and events underlying this case were particularly remote.

The court disregarded the tangential claims made by Plaintiff and found that the authorities relied on by the plaintiffs in fact proved fatal to their case. Plaintiff’s claims on jurisdiction were based on agreements to which plaintiffs were not even a party to. The Hon’ble Judge, Melvin L. Schweitzer, who was presiding over the case, aptly observed that the only written agreement based on which Plaintiff had surrounded its claims was not even signed by Wizcraft.  The Court further added that unless Plaintiffs were a third party beneficiary to any of the Agreements, it was not going to do them much good.

Wizcraft/IIFA Director Andre Timmins stated, "I am so happy that justice prevailed and that the credibility and reputation of IIFA & Wizcraft as a company was clearly understood by the judge of this case.  These claims were merely false allegations against us. We are proud to have been able to clear our 15 year maintained track record of highly reputed status with governments, corporate and private individuals with this case being dismissed.”

It was finally held that the defendants, Wizcraft International, had successfully met their heavy burden to show that claims of the plaintiff are not appropriate before the state of New York. In light thereof, the suit was disposed of by the Court.