Madras High Court
M/S Sun Tv Network Ltd vs M/S.Mary Matha Production on 28 June, 2021
C.S.No.626 of 2015
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.06.2021
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
C.S.No.626 of 2015
M/s Sun TV Network Ltd.,
Rep. By its Authorised Signatory,
Mr.M.Jyothi Basu,
Murasoli Maran Towers,
73, MRC Nagar, Main Road,
MRC Nagar, Chennai – 28. ...Plaintiff
Vs.
M/s.Mary Matha Production,
Rep. By its Proprietor, Mr.Anil Mathew,
TC-25/908, 3rd Floor, Durga Vilas,
Behind New Theatre, Thycaud PO, Thambanoor,
Trivandrum, Kerela – 1. ...Defendant
Prayer: Plaint filed under Order VII Rule 1 of C.P.C., and Order IV Rule 1
of the rules of the High Court of Madras, Original Side, 1956, praying as
follows:-
a)for recovery of a sum of Rs.1,97,60,000/- (Rupees One Crore
Ninety Seven Lakhs Sixty Thousand Only) [{the sum being the advance
paid (Rs.54,00,000/-) on 24.09.2012 and interest for the same at the rate of
24% from 24.09.2012 to 11.03.2015 which is Rs.31,32,000/-. The 2nd
installment amount of Rs.54,00,000/- paid on 23.04.2014, and interest for
1/8
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C.S.No.626 of 2015
the same at the rate of 24% from 23.04.2014 to 11.03.2015 which is
R.10,80,000/-. The 3rd installment amount of Rs.36,00,000/- paid on
09.06.2014, and interest for the same at the rate of 24% from 09.06.2014 to
11.03.2015 which is Rs.6,48,000/- and in total the plaintiff is entitled for
Rs.1,92,60,000/-, the liquidated damages the sum of Rs.5,00,000/-}] as
against the defendant with future interest at 24% per annum from the date of
filing of the suit and till date of realization.
b) to pay cost and
c) pass any further similar other orders as this Honourable court
may deem fit and proper in the circumstances of the case and thus render
justice.
For Plaintiff : Mrs.Sneha for
Mr.B.K.Girish Neelakantan
For Defendant : No Appearance
JUDGMENT
The suit is one for recovery of a sum of Rs.1,97,60,000/- paid by
the plaintiff to the defendant on various dates for the exclusive copyright of
the movie “ENTE SATHYANWESHANA PAREEKSHANANGAL”.
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C.S.No.626 of 2015
2.According to the plaintiff, the defendant had entered into an
assignment agreement dated 17.09.2012, assigning the exclusive copyright
in respect of Satelite Television Broadcasting, Direct to Home Broadcast,
Direct Satellite Service, Terrestrial Television Broadcast and all other rights
including exhibition of the said film by means of wireless diffusion. The
copyright assigned in favour of the plaintiff is for the entire world.
3.The plaintiff would claim that the total consideration was fixed
at Rs.2,00,00,000/- (Rupees Two Crores only) and the plaintiff has paid an
advance of Rs.60,00,000/- (Rupees Sixty Lakhs only) on the date of the
agreement. Another sum of Rs.60,00,000/- (Rupees Sixty Lakhs only) was
paid on 23.04.2014. The plaintiff also paid a sum of Rs.40,00,000/-
(Rupees Fourty lakhs only) on 09.06.2014. These amounts were paid after
deducting the tax payable at source. The tentative date of the release of the
said movie fixed on 26.10.2012 and the telecast commencement was fixed
on 26.04.2013 i.e., six months from the date of release.
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C.S.No.626 of 2015
4.As per Clause 20 of the said agreement, if there is a delay in the
release of the film for a period of more than 90 days, the plaintiff has a right
to cancel the agreement. In case of such option being exercised by the
plaintiff, the defendant should re-pay all advances paid by the plaintiff along
interest at 24% p.a and also a sum of Rs,5,00,000/- (Rupees Five Lakhs
only) towards liquidated damages. The tentative date of the release of the
movie as already pointed out is 26.10.2012 and the right of the plaintiff
would commence from 26.04.2013. The movie was not released as
expected and it was not released even after 90 days. Therefore, the plaintiff
issued a legal notice dated 17.01.2014, exercising its right to cancel the
assignment and sought for refund of the advance amount with interest. The
said notice was returned with an endorsement “Locked Intimation &
Absent”. Shooting of the film was completed and the post production work
was also started therefore, the 2nd and 3rd installments were released as per
the request of the defendant by its letter dated 14.04.2014 & 22.05.2014.
5.Even thereafter, the defendant did not take any steps to release
the movie and the movie is not been released even today. Another notice
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C.S.No.626 of 2015
was issued by the plaintiff on 18.10.2014 seeking repayment of the advance
of Rs.1,60,00,000/-(Rupees One Crore Sixty Lakhs only) along with
interest. That notice was also returned with an endorsement “Locked
Intimation and Absent”. Therefore, the plaintiff has come up with the
present suit for recovery of a sum of Rs.1,97,60,000/-(Rupees One Crore
Ninety Seven Lakhs Sixty Thousand only).
6.Though the defendants were served, they remained exparte. The
plaintiff was directed to let in exparte evidence. The plaintiff examined one
Mr.M.Jyothibasu as P.W.1 and Exs.P1 to P10 were marked. Ex.P1 is the
original board resolution, authorizing P.W.1 to depose on behalf of the
plaintiff. Ex.P2 is the original assignment agreement between plaintiff and
the defendant dated 17.09.2012. Ex.P3 is the original payment voucher &
cheque dated 24.09.2012. Ex.P6 is the copy of the payment voucher &
cheque dated 23.04.2014. Ex.P7 is the letter from the defendant to the
plaintiff intimating the stage of the movie and seeking further payment
dated 22.05.2014. Ex.P8 is the original payment voucher & cheque dated
09.06.2014.
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C.S.No.626 of 2015
7.From the above evidence that is available, I am satisfied that the
plaintiff has made out a case as pleaded in the plaint and the plaintiff is
entitled to a decree as prayed for. Accordingly, this suit is decreed as prayed
for with costs.
28.06.2021
kkn
Internet:Yes/No
Index:Yes/No
Non-Speaking/Speaking
List of witness examined on the side of the plaintiff:
P.W.1- Mr.M.Jyothibasu
List of documents filed on the side of the plaintiff:
S.No. Exhibits Description of Documents
1 Ex.P1 Original Board Resolution for Authorisation dated 14.11.2011.
2 Ex.P2 Original Assignment Agreement between plaintiff and the defendant
dated 17.09.2012.
3 Ex.P3 Original payment voucher & cheque dated 24.09.2012.
4 Ex.P4 Office copy of legal notice with original postal receipt and return
cover dated 17.01.2014.
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C.S.No.626 of 2015
S.No. Exhibits Description of Documents
5 Ex.P5 Xerox copy of the letter from the defendant to the plaintiff dated
14.04.2014.
6 Ex.P6 Xerox copy of the payment voucher & cheque dated 23.04.2014.
7 Ex.P7 Original letter from the defendant to the plaintiff dated 22.05.2014.
8 Ex.P8 Original payment voucher and cheque dated 09.06.2014.
9 Ex.P9 Office copy of the legal notice with original postal receipt and return
cover dated 18.10.2014.
10 Ex.P10 Office copy of legal notice with original postal receipt and return
cover dated 13.12.2014.
List of witness and documents filed on the side of the defendant:
Nil
28.06.2021
kkn
https://www.mhc.tn.gov.in/judis/
C.S.No.626 of 2015
R.SUBRAMANIAN, J.
KKN
C.S.No.626 of 2015
28.06.2021
https://www.mhc.tn.gov.in/judis/
