Madras High Court
Abirami Mega Mall Private Limited vs M/S.Nemichand Jhabak on 5 April, 2022
C.S.(Comm.Div.) No.2 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.04.2022
CORAM
THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY
C.S.(Comm.Div.) No.2 of 2021
and
A.Nos.4911, 4912 of 2021
and
O.A.No.350 of 2021
1. Abirami Mega Mall Private Limited
No.4, Kasthuri Estate 2nd street,
Poes Garden, Chennai - 600 086
Rep.by its Managing Director,
Mr.Sv.Rm.Ramanathan
2. Abirami Theatres Private Ltd
No.4, Kasthuri Estate 2nd street,
Poes Garden, Chennai - 600 086
Rep.by its Managing Director
Mr.Sv.Rm.Ramanathan
3. Mr.Sv.Rm.Ramanathan
No.6, Judge Jambulingam Road,
Mylapore, Chennai - 600 004. ... Plaintiffs
vs.
1.M/s.Nemichand Jhabak
Partnership firm
Represented by its Partner
Mr.V.Hitesh Jhabak
Ground Floor, "B" KHABAGHS Castle,
No.6/40, Circular Road, United India Colony,
Kodambakkam, Chennai - 600 024.
1/5
https://www.mhc.tn.gov.in/judis
C.S.(Comm.Div.) No.2 of 2021
2. Mr.V.Hitesh Jhabak
Partner
M/s.Nemichand Jhabak
Ground Floor, "B" KHABAGHS Castle,
No.6/40, Circular Road, United India Colony,
Kodambakkam, Chennai - 600 024. ... Defendants
PRAYER: Plaint filed under and Order VII Rule 1 CPC,1908 Read with
Section 7 of Commercial Courts Act, 2015 Read with Order IV Rule 1 of
O.S.Rules, 1956, prayed for Judgment and Decree:-
(a) Directing the defendants jointly and severally to pay the 3rd
plaintiff a sum of Rs.1,88,66,667/- and together with interest at 18% per
annum on Rs.1,30,00,000/- from the date of plaint till date of
repayment;
(b) for a permanent injunction restraining the defendants, their
agents, men, representatives, assigns and anyone claiming through the
defendants from releasing the Tamil Feature Film 'Pon Manickavel'
starring Mr.Prabhu Deva and Ms.Nivetha Pethuraj in any other distribution
platforms/mediums including OTT platforms through any third party;
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https://www.mhc.tn.gov.in/judis
C.S.(Comm.Div.) No.2 of 2021
(c) Directing the defendants to pay to the plaintiffs the cost of the
suit.
For Plaintiffs : Mr.S.Ravi
For M/s.Gupta & Ravi
For Defendants : M/s.A.Chidambaram
**********
JUDGMENT
The suit was filed for recovery of a sum of Rs.1,88,66,667/- by the
third plaintiff along with interest at 18% per annum on the sum of
Rs.1,30,00,000/-. A permanent injunction and costs were also prayed
for.
2. Before evidence was recorded, the parties entered into a
Memorandum of Compromise dated 05.04.2022 for the amicable
resolution of the dispute. On perusal thereof, it is evident that all the
parties and the respective counsel have signed the Memorandum of
Compromise. The Memorandum of Compromise provides for the
payment of an aggregate sum of Rs.1,59,00,000/- by the defendants to
the third plaintiff in full and final settlement of the claims in the suit. On
examining the terms thereof, there is no legal impediment to the disposal
of the suit in terms of the Memorandum of Compromise.
https://www.mhc.tn.gov.in/judis
C.S.(Comm.Div.) No.2 of 2021
3. Accordingly, C.S.(Comm.Div.) No.2 of 2021 is decreed in terms
of the Memorandum of Compromise dated 05.04.2022, which shall form
an integral part thereof. Consequently, the third plaintiff is permitted to
withdraw the sum of Rs.1,30,00,000/- which is deposited by the
defendants to the credit of the suit. In view of the settlement of the
dispute before evidence was recorded, the plaintiffs are entitled to a
refund of the full Court fee. The Registry is directed to refund the Court
fee to the third plaintiff. There shall be no order as to costs.
Consequently, the connected A.Nos.4911, 4912 of 2021 and O.A.No.350
of 2021 are closed.
05.04.2022
nvi
Index : Yes / No
Internet : Yes / No
Note: Copy of the decree shall be provided to the parties on or before
12.04.2022.
https://www.mhc.tn.gov.in/judis
C.S.(Comm.Div.) No.2 of 2021
SENTHILKUMAR RAMAMOORTHY,J
nvi
C.S.(Comm.Div.) No.2 of 2021 and
A.Nos.4911, 4912 of 2021 and
O.A.No.350 of 2021
05.04.2022
https://www.mhc.tn.gov.in/judis
