M/S.Ysr Films Private Limited vs M/S.Vansan Movies
2022 Latest Caselaw 10114 Mad

                                                                          C.S.(Comm.Div)No.345 of 2020


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                             DAT E D :     15.06.2022

                                                     CORAM

                         The Hon'ble Mr. Justice SENTHILKUMAR RAMAMOORTHY

                                        Civil Suit(Comm.Div) No.345 of 2020



                M/s.YSR FILMS PRIVATE LIMITED.
                Rep. by its Director Mr.Irfan Malik
                having office at No.20/10, Lake Area,
                6th Cross Street, Nungambakkam,
                Chennai – 600 034.                                  ...       Plaintiff


                                                              vs.


                1.M/s.VANSAN MOVIES
                  Rep. by Partner Mr.S.Sutharsan
                  having their office at Flat No.4B,
                  2nd Floor, Plot No.10, 50 ft Main Road,
                  MRK Nagar, Kolapakkam,
                  Chennai – 600 048.

                2.The Tamil Nadu Film Producers Council.
                  Rep. by Mrs.Manjula
                  No.606, Anna Salai,
                  Thousand Lights,
                  Chennai – 600 006.                                      ... Defendants




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                                                                               C.S.(Comm.Div)No.345 of 2020


                                  Civil Suit is filed under Order IV Rule 1 of Original Side Rules

                read with Order VII Rule 1 of CPC Rules R/W Sections 55, 61 & 62 of the

                CopyRight Act,1957, praying for a permanent injunction restraining the first

                Defendant, their men, agents, distributors, associates, and/or assignees or

                any person claiming any rights from them with regard to the Plaintiff's film

                named ''MAAMANITHAN'' and for the costs of the suit.



                                           For Plaintiff    : Mr.Vijayan Subramanian


                                           For Defendants :    Mr.G.Veerapathiran for D-1


                                                    JUDGMENT

The suit was filed for a permanent injunction restrain the first

Defendant from claiming any rights in the feature film ''MAAMANITHAN''.

2. Pursuant to negotiations, the contesting parties concluded a

settlement in the form of a joint compromise memo. On perusal, the joint

compromise memo has been executed by the Plaintiff and the first

Defendant. Mr.Sathak Nizar, Director, has executed the joint compromise

memo on behalf of the Plaintiff. He is personally present in Court. As

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C.S.(Comm.Div)No.345 of 2020

regards the first Defendant, Mr.R.Ramesh, authorized signatory, has

executed the joint compromise memo. An authorisation letter dated

14.06.2022 executed by the Managing Partner of the first Defendant has

been placed on record. Mr.R.Ramesh is also personally present in Court.

Both parties have also submitted documents evidencing their identity.

3. On examining the joint compromise memo, it is evident that the

first Defendant has agreed to receive a sum of Rs.5,50,00,000/-(Rupees five

crores and fifty lakhs only) from the Plaintiff in full and final settlement. In

Clause 2 of the memorandum of compromise, the first Defendant has

instructed the Plaintiff to pay the sum of Rs.5,50,00,000/- to the persons

indicated therein. On examining the terms of compromise, there is no legal

impediment to the issuance of a decree in terms of the memorandum of

compromise. It should also be noticed that the memorandum of compromise

provides for the payment of a sum of Rs.80,00,000/- to Abirami Mega Mall

Private Limited, which is the plaintiff in C.S.No.264 of 2020. Subject to

receipt of the sum of Rs.80,00,000/-, Abirami Mega Mall Private Limited

states that it has no objection to the release of the movie

''MAAMANITHAN''.

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C.S.(Comm.Div)No.345 of 2020

4. Accordingly, C.S.(Comm.Div)No.345 of 2020 is decreed in

terms of the joint memo of compromise dated 15.06.2022, which shall form

an integral part thereof. In view of the agreement between the parties, there

will be no order as to costs.

15.06.2022

Index : Yes Internet : Yes rrg

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C.S.(Comm.Div)No.345 of 2020

SENTHILKUMAR RAMAMOORTHY, J

rrg

C.S.(Comm.Div)No.345 of 2020

15.06.2022

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