Madras High Court
Aadarsha Chitralaya Pvt.Ltd vs Arivazhagan Venkatachalam on 19 May, 2021
O.S.A.NO.212 of 2021 and
C.M.P.No.8690 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.05.2021
CORAM
The Hon'ble DR. JUSTICE ANITA SUMANTH
and
The Hon'ble Mr.Justice SENTHILKUMAR RAMAMOORTHY
O.S.A.No. 212 of 2021
and
C.M.P.No.8690 of 2021
Aadarsha Chitralaya Pvt.Ltd.,
A Company incorporated under the Companies Act 1956
Having its office at
Old No.20, New No.12, Flat No.A1
Ramanathan Street,
Kamdar Nagar, Mahalingapuram
Chennai – 600 034. ...Appellant
Vs.
1. Arivazhagan Venkatachalam
2. M/s. Allin Pictures,
No.35 B, 1st Street,
Logananthan Nagar,
Choolaimedu,
Chennai – 600 094 ... Respondents
1/5
https://www.mhc.tn.gov.in/judis/
O.S.A.NO.212 of 2021 and
C.M.P.No.8690 of 2021
PRAYER:
Original Side Appeal filed under Order XXXVI Rule 9 of the O.S Rules
Read With Clause 15 of the amended Letters Patent 1865 and read with Section 13
of the Commercial Courts, Commercial Division and Commercial Appellate
Division of High Courts (Amendment) Act 2018 to set aside the fair order and
decreetal order passed by the learned Judge in O.A.No.16 of 2021 in C.S.No.5 of
2021 dated 19.04.2021 allow the present appeal.
For Appellant : Mr.Sathish Parasoram, Senior Counsel
For R.Parthasarathy
JUDGMENT
(Judgment of the Court was delivered by DR. JUSTICE ANITA SUMANTH )
Notice to the respondents through Court as well as privately, returnable by
03.06.2021. Private notice on the learned counsel who appeared for the parties is
also permitted, also by e-mail. Proof of service be placed on record.
2. The appellant had the benefit of an order of interim injunction from
02.02.2021. Learned Single Judge, in order dated 01.04.2021 records that an oral
undertaking had been furnished by the learned counsel for the respondent to the
effect that the film by the name 'Zindabad' would not be released.
https://www.mhc.tn.gov.in/judis/
O.S.A.NO.212 of 2021 and
C.M.P.No.8690 of 2021
3. Notwithstanding the aforesaid undertaking, the defendants went on to
transfer the rights of the release of the film on OTT Platforms. As a result, an
application came to be moved that was ordered on 01.04.2021 and an injunction
granted restraining the respondents from dealing with the film in any manner
whatsoever.
4.In impugned interim order dated 19.04.2021, the learned Single Judge sets
out his reasoning for varying the interim protection granted earlier, from para21
onwards. Some materials appear to have been placed record by the plaintiff in
regard to the delay in directing the film, but these reasons have not been gone into in
the impugned order.
5.It is the specific case of the appellant that they have no connection
whatsoever with the production of the film 'Shabnam'. Though the rival contentions
advanced in this regard are referred to, there is no finding with regard to this issue.
6.Further, we find no apparent basis for determining the amount to be
deposited, at Rs.20 lakhs, which is, at best, ad hoc.
7.For the aforesaid reasons, there shall be an interim stay of operation of the
impugned order dated 19.04.2021 as well as interim interim injunction as prayed for,
https://www.mhc.tn.gov.in/judis/
O.S.A.NO.212 of 2021 and
C.M.P.No.8690 of 2021
both effective, till the next date of hearing.
8.. List on 03.06.2021.
(A.S.M,J.) (S.K.R.,J.)
19.05.2021
at/pam
Index : Yes/No
Internet : Yes/No
Speaking Order (or) Non-Speaking Order
https://www.mhc.tn.gov.in/judis/
O.S.A.NO.212 of 2021 and
C.M.P.No.8690 of 2021
ANITA SUMANTH,J.,
&
SENTHILKUMAR RAMAMOORTHY,J.,
O.S.A.No.212 of 2021 and
C.M.P.No.8690 of 2021
19.05.2021
https://www.mhc.tn.gov.in/judis/
