An application seeking an order to prevent director Deepa Mehta's "Water" from opening the Toronto International Film Festival was rejected Aug. 23 in the Delhi High Court. However, the court did issu

NEW DELHI, India (The Hollywood Reporter) -- An application seeking an order to prevent director Deepa Mehta's "Water" from opening the Toronto International Film Festival was rejected Aug. 23 in the Delhi High Court. However, the court did issue a summons for Mehta to appear for a Nov. 8 hearing.

The application was filed by Anuradha Dutta, a filmmaker who claims that "Water" -- the culmination of a trilogy that Mehta started with 1996's "Fire" then followed with "Earth" -- is based on the English version of her Bengali-language film "Shei Shmoy" (Those Days), itself based on a novel by Sunil Gangopadhaya.

The court's summons notice to Mehta also follows on from a case filed by the helmer in 2000, when she filed a suit seeking a declaration from the court that "Water" was not infringing the Copyright Act and that the film was not based on the Bengali novel by Gangopadhaya or its English translation.

Five years ago, Mehta faced hostile opposition in the central Indian city of Varanasi, where she planned to shoot "Water," whose story revolves around the plight of widows.

Protesters ransacked the film's set on the first day of shooting, which led to the project being abandoned until it was rescheduled and shot in Sri Lanka and other locations outside