Chkri Chigurupati vs Spm Arts Llp
2021 Latest Caselaw 20347 Mad

                                                                           O.S.A.(CAD) No.71 of 2021

                                         IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED:    04.10.2021

                                                          CORAM :

                                        THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE
                                                             AND
                                          THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU
                                                  O.S.A.(CAD) No.71 of 2021


                     Chkri Chigurupati                              ...    Appellant

                                   Vs

                     1.SPM Arts LLP
                     represented by its designated partner
                     Sanjay Kumar Lalwani

                     2.B.Kumar

                     3.Mohandas Pai

                     4.Qube Cinema Techologies Pvt. Ltd.,
                     No.1034, Dr.Rajkumar Road,
                     Rajajinagar 4th Block,
                     Bangalore 560 010

                     5.Zee Entertainment Enterprises Ltd.
                     rep. By its Director,
                     having Regional Office at
                     No.39, 3rd Floor,
                     United Mansions, MG Road,
                     Bangalore 560 001




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                     Page 1 of 4


https://www.mhc.tn.gov.in/judis/
                                                                         O.S.A.(CAD) No.71 of 2021

                     6.Aditya Music (India) Pvt. Ltd
                     rep. By its Director,
                     registered office at
                     3-5-1091/7, Venkateshwara Colony,
                     Narayanaguda,
                     Hyderabad, Telengana 500 020                       ...   Respondents


                               Appeal filed against the Fair and Decretal Order of this Court
                     dated 09.07.2021 in A.No.1896 of 2021 in C.S.(Comm.Div) No.35 of
                     2021.


                               For the Appellant     :     Mr.S.Sivaraman



                                                   JUDGMENT

(Delivered by the Hon'ble Chief Justice)

The appeal is directed against a judgment and order of July 9,

2021 by which the appellant’s petition under Order 7 Rule 11 of the

Code of Civil Procedure for rejecting the plaint has been dismissed.

2. Since Section 13 of the Commercial Courts Act, 2015, as

interpreted in the recent judgment of this court rendered on

September 23, 2021 in OSA No.230 of 2019 (Hindustan Unilever

Limited vs. S.Shanthi), does not permit any appeal against any order

dismissing a petition for rejection of the plaint, the present appeal is

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https://www.mhc.tn.gov.in/judis/ O.S.A.(CAD) No.71 of 2021

not maintainable.

3. Accordingly, OSA (CAD) No.71 of 2021 is dismissed as not

maintainable without going into the merits thereof. CMP No.14080 of

2021 is closed. There will be no order as to costs.

                                                                (S.B., CJ.)      (P.D.A., J.)
                                                                          04.10.2021

                     Index : no
                     tar




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https://www.mhc.tn.gov.in/judis/ O.S.A.(CAD) No.71 of 2021

THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.

(tar)

O.S.A.(CAD) No.71 of 2021

04.10.2021

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https://www.mhc.tn.gov.in/judis/