Madras High Court
Xiaomi Technology India Private ... vs Y Not Studios Pvt. Ltd on 25 January, 2022
C.S.No.465 of 2018
(Comm.Suit)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 25.01.2022
Coram:
THE HONOURABLE MR JUSTICE N.ANAND VEKATESH
Civil Suit No.465 of 2018
(Comm.Suit)
Xiaomi Technology India Private Limited,
Represented by its Authorized Signatory, Mr.Sameer BS Rao,
Building Orchid, Block E, Embassy Tech Village,
Marathahalli-Sarjapur Outer Ring Road,
Devarabisanahalli, Bengaluru-560 103.
.. Plaintiff
.vs.
1. Y Not Studios Pvt. Ltd.,
Represented by its Director, Mr.Sashikanth Shivaji,
15, Palur Kanniappan Street,
Mylapore, Chennai 600 004.
Also At:
1A, Kanaka Ranga Square, Cross Street,
Sriman Srinivasa Road, Alwarpet,
Chennai-600 018.
2. Sashikanth Shivaji.
3. Chakravarthy Ramachandran. ..Defendants
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C.S.No.465 of 2018
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Prayer: Civil Suit has been filed under Order IV Rule 1 O.S.Rules read with Order
VII Rule 1 of Code of Civil Procedure, 1908 and Section 7 of the Commercial
Courts, Commercial Division and Commercial Appellate Division of High Courts
Act, No.4 of 2016, pleased to grant a judgment and decree on the following
terms:-
a) Perpetual injunction restraining the respondents/defendants, their men,
servants, agents, assigns, directors, officers, or any person claiming through or
under them from in any manner issuing/ circulating/publishing the offending
scene/s, disparaging/denigrating the plaintiff's products or business, in theaters or
other media, or in any other manner, either directly or indirectly;
b) Perpetual injunction restraining the respondents/defendants, their men,
servants, agents, assigns, directors, officers, or any person claiming through or
under them from, in any manner whatsoever, making any false, misleading and
disparaging representations or statements in respect of the plaintiff and its product;
c) Perpetual injunction restraining the respondents/defendants, its men,
servants, agents, assigns, directors, officers, or any person claiming through or
under them from, in any manner, screening, re-publishing, redistributing/copying
and/or distributing the offensive scenes contained in the film, filed as material
object No.1, or any other similar material to any agent, distributor or any other
person.
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C.S.No.465 of 2018
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d) The defendants jointly be ordered and decreed to pay to the plaintiff a
sum or Rs.5 Crores- as damages for acts of disparagement committed by the
defendants;
e) Order costs of the suit;
For Plaintiff :Ms.Pavitra Venkateswaran
For Defendant :Mr.Raajamani Ponnu
-----
JUDGMENT
The present suit was filed by the plaintiff with the grievance that the
defendants have displayed certain offensive scenes disparaging the plaintiff and
accordingly various reliefs were sought for against the defendants.
2. During the pendency of the suit, the parties were able to reach a
compromise and a settlement agreement has been filed before this Court which has
been signed by the respective parties.
3. The relevant portions in the settlement agreement are extracted hereunder:
'1. The parties mutually covenant that the total amount
receivable by the party of the First Part towards settlement would be
INR 12,03,975/- (Rupees Twelve Lakhs Three Thousand, Nine
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C.S.No.465 of 2018
(Comm.Suit)
Hundred and Seventy Five Only), which shall be receivable as
follows:
a) The parties of the second part covenant that
they shall pay the party of the first part a sum of INR
7,00,000/- (Rupees Seven Lakhs Only);
b) In addition to the aforesaid amount mentioned
in Clause No.1, INR Rs.5,03,975/- (Rupees Five Lakh,
Three Thousand, Nine Hundred and Seventy Five Only)
shall be receivable by the party of the first part through
refund of Court fees and party of the second part has no
objection for the said refund.
2. Upon fulfilment of the terms and conditions specified in
Clause No.1(a) and (b) above, the party of the first part hereby
agrees to withdraw the suit in C.S.(Comm)No.465 of 2018 on the file
of the High Court of Madras, in Chennai in terms of the present
Settlement Agreement.
3. The parties mutually agree that the withdrawal of the suit,
CS(Comm)No.465 of 2018, is based on the representation and
undertaking of the party of the second part that no product or brand
name or trademarks of the party of the first part shall be featured in
the movie "Tamil padam 2" and the products or brand name or
trademarks of the first party shall not feature in the movie, even
after the withdrawal of the suit in CS(Comm) No.465 of 2018.
4. The parties of the second part hereby undertake to ensure
that the alterations made in the offending scenes, in compliance with
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C.S.No.465 of 2018
(Comm.Suit)
the interim orders of the Hon'ble High Court, shall be made
permanent.
5. The Settlement Agreement shall be filed into Court seeking
the Hon'ble Court's leave for a refund of Court fees under Section
69 A of the Tamil Nadu Court Fees and Suit Valuation Act, 1955 and
Section 151 of the Code of Civil Procedure 1908. The party of
second part shall give all support that the party of the first part may
require for obtaining the necessary certificate and refund from the
registry of the High Court of the Court Fees, and the parties shall
mutually undertake all efforts to obtain full refund of Court fees in
accordance with the law.
6. The parties understand and agree that the receipt of the
Court fees, as mentioned in Clause 1(B) read with Clause 5, is a
condition precedent for the present settlement agreement to come
into effect. On receipt of the total amount mentioned in Clause No.1,
the party of the first part shall withdraw the suit, CS(Comm)No.465
of 2018. In the even of non fulfilment of the condition the present
settlement agreement shall stand automatically cancelled and
avoided, without any further act being required on the part of either
party for such cancellation/avoidance.'
4. In view of the above, the present Suit is disposed of in terms of
settlement between the parties and the terms of settlement shall form part of the
decree. Considering the facts and circumstances of the case, there shall be no
order as to costs. A memo has been filed by the learned counsel for the plaintiff
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C.S.No.465 of 2018
(Comm.Suit)
seeking for the refund of the entire Court fees. The settlement has been arrived at
between the parties even before the trial commenced in the suit and hence, this
Court is inclined to permit the refund of the entire Court fees paid by the plaintiff
at the time of filing the suit.
25.01.2022
nsa
Internet: Yes
Index : Yes/No
To
The Sub-Assistant Registrar,
Original Side,
High Court,
Madras.
N.ANAND VENKATESH,J.
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C.S.No.465 of 2018
(Comm.Suit)
nsa
Civil Suit No.465 of 2018
(Comm.Suit)
25.01.2022
https://www.mhc.tn.gov.in/judis
