The actor, who pulled out of the project last year, described the legal action as "malicious".
Kher told his 300,000 Twitter followers: "Makers of a soon to be released film are using my name maliciously to publicise their film. Hope it helps them to make the film a hit."
Gandhi To Hitler co-producer Nalin Singh said that Kher refused to return his 400,000rs (£5,200) signing fee after walking out on the project.
The acting teacher withdrew from the controversial movie after receiving an overwhelmingly negative response from his fans across social networking platforms.
Kher said last year: "I wish to withdraw from the film because it is creating ill feelings among my fans and I respect their sentiments. I was never affected by commercial considerations but social opinions always matter to me."
Kher is currently filming Pranayam in South India.