Madras High Court
M/S.Shraddha Entertainment vs K.Punniyamoorthy on 7 December, 2021
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.12.2021
CORAM
THE HONOURABLE Mr.JUSTICE ABDUL QUDDHOSE
C.S.Nos.46 and 47 of 2019
and 1406, 2059 and 5559 of 2019 and A.No.1667 of 2020
M/s.Shraddha Entertainment,
Represented by its Partner,
Mr.Badri Kasturi ... Plaintiff in C.S.No.46 of 2019
M/s.Sun Power Solar Technick Pvt.Ltd.,
Represented by its Director,
Mrs.Radha Krishnaswamy ...Plaintiff in C.S.No.47 of 2019
Vs
1.
K.Punniyamoorthy
2. K.Premkumar
3. M/s.Escape Artists Motion Pictures,
Rep by its Proprietor,
Mr.Madan Pandy.
4. Madan Pandy
5. M/s.Kondaduvom Entertainment,
A Partnership Firm, rep by its
Partner, Mr.Gautham Vasudev Menon ...Defendants in both CS
https://www.mhc.tn.gov.in/judis
C.S.No.46 of 2019
Plaint under Order IV Rule 1 of Original Side Rules read with Order
VII Rule 1 of C.P.C praying to pass a judgment and decree against the
defendants.
(a) Declaring that the Memorandum of Understanding dated blank day of
March 2018, between defendants 1 and 2 on the one hand, and defendants
3 and 4 on the other hand is collusively created, hence not binding on the
plaintiff and will not in any affect the rights of the plaintiff in respect of the
subject film “Dhuruva Natchatiram”.
b) Granting a consequential permanent injunction restraining the
defendants from making any claim under the Memorandum of
Understanding dated blank day of March 2018, mentioned above against
the plaintiff or to defeat any right of the plaintiff, over the subject film
“Dhuruva Natchatiram;
c) Directing the defendants to pay to the plaintiff the costs of the suit; and
C.S.No.47 of 2019
Plaint under Order IV Rule 1 of Original Side Rules read with Order
VII Rule 1 of C.P.C praying to pass a judgment and decree against the
defendants.
(a) Declaring that the Agreement dated 18.03.2016, between defendants 1
and 2 on the one hand, and defendants 3 and 4 on the other hand is
collusively created, hence not binding on the plaintiff and will not in any
affect the rights of the plaintiff in respect of the subject film “Enai Nokki
Paayum Thota”.
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b) Granting a consequential permanent injunction restraining the
defendants from making any claim under the Agreement dated 18.03.2016
mentioned above against the plaintiff or to defeat any right of the plaintiff,
over the subject film “Enai Nokki Paayum Thota”;
c) Declaring that the Memorandum of Understanding dated blank day of
March 2018, between defendants 1 and 2 on the one hand, and defendants
3 and 4 on the other hand is collusively created, hence not binding on the
plaintiff and will not in any affect the rights of the plaintiff in respect of the
Films “Enai Nokki Paayum Thota” and “Dhuruva Natchatiram”.
d)Granting a consequential permanent injunction restraining the defendants
from making any claim under the Memorandum of Understanding dated
blank day of March 2018, mentioned above against the plaintiff or to
defeat any right of the plaintiff, over the subject Films “Enai Nokki
Paayum Thota” and “Dhuruva Natchatiram”.
e) Directing the defendants to pay to the plaintiff the costs of the suit; and
For Plaintiff : M/s.Rugan and Arya
in both CS No Appearance
For Defendants
1 and 2in both CS : Mr.K.Moorthy
COMMON JUDGMENT
There is no representation on the side of the plaintiff today.
Even on the last occasion i.e. on 29.11.2021, there was no representation
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on the side of the plaintiff. Therefore, it can now be inferred that the
plaintiff is not interested in prosecuting the Suits. Accordingly, C.S.No.46
and 47 of 2019 are dismissed for non prosecution. No costs.
Consequently, connected applications are closed.
07.12.2021
srn
https://www.mhc.tn.gov.in/judis
ABDUL QUDDHOSE.J
srn
C.S.Nos.46 and 47 of 2019
and 1406, 2059 and 5559 of 2019
and A.No.1667 of 2020
07.12.2021
https://www.mhc.tn.gov.in/judis
