Abirami Mega Mall Private Limited vs Clapboard Production
2022 Latest Caselaw 10964 Mad

                                                                      C.S.(Comm.Div.) No.264 of 2020

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED: 23.06.2022

                                                     CORAM

                                  THE HONOURABLE MR.JUSTICE SENTHILKUMAR
                                              RAMAMOORTHY

                                          C.S.(Comm.Div.) No.264 of 2020
                                        and A.Nos.1104 of 2021, 1684 of 2022


                     Abirami Mega Mall Private Limited
                     No.4, Kasthuri Estate, 2nd Street,
                     Poes Garden,
                     Chennai 600 086
                     Represented by its Chief Executive Officer
                     Dr.P.Srinivasan                                                ... Plaintiff

                                                         vs.


                     1.Clapboard Production
                       A partnership firm
                       Represented by its Partner
                       Ms.Gomathi Sathyamurthi
                       9H, Block 3, Ceebros Shymala Garden,
                       Arcot Road, Saligramam,
                       Chennai 600 093.

                     2.Vansan Movies
                       A partnership firm
                       Represented by its Partner
                       Mr.S.Sutharsan
                       Flat No.4B, 2nd Floor,

                     1/5


https://www.mhc.tn.gov.in/judis
                                                                               C.S.(Comm.Div.) No.264 of 2020

                        Plot No.11, 50 feet Main Road,
                        MRK Nagar, Kolapakkam,
                        Chennai - 600 048.

                     3.YSR Films Private Limited
                       No.20/10, Lake Area,
                       6th Cross Street,
                       Nungambakkam,
                       Chennai 600 034
                       Represented by its Director
                       Mr.Yuvan Shankar Raja                                              ... Defendants



                     PRAYER: Plaint filed under Order IV Rule 1 of O.S.Rules, 1956 Read

                     With Order VII Rule I of Civil Procedure Code, 1908 and Read With

                     Sections 55 and 62 of the Copyright Act, 1957 and the Copyright

                     (Amendment) Act, 2012, Read With Section 7 of the Commercial Courts,

                     Commercial Division and Commercial Appellate Division of High Courts

                     Act, No.4 of 2016, prayed for Judgment and Decree:-



                                  (i) A permanent injunction restraining the Defendants, its men, agents

                     or any other person acting on its behalf from directly releasing the feature

                     film titled "Maamanidan" in Over the Top Platforms or any such similar

                     online / interner website / application / platforms without the completion of


                     2/5


https://www.mhc.tn.gov.in/judis
                                                                                   C.S.(Comm.Div.) No.264 of 2020

                     60 days from its first and general theatrical release as mentioned in clause

                     12 of the Feature Film Distribution Agreement dated 22.06.2020;



                                  (ii) Direction to the Defendants to Jointly and severally pay a sum of

                     Rs.1,22,50,000/- being the principle advance paid by the Plaintiff under the

                     Feature Film Distribution Agreement dated 22.06.2020 along with an

                     interest of 18% from 22.06.2020 till filing of the suit;



                                  (iii) Direct the Defendants to pay the costs of the suit to the Plaintiff.



                                        For Plaintiff        : Mr.Keerthikiran Murali
                                                               for Mr.Arun C.Mohan

                                        For Defendants       : Mr.G.Veerapathiran for D2
                                                               Mr.Vijayan Subramanian for D3
                                                               No Appearance - D1
                                                             **********

                                                          JUDGMENT

Learned counsel for the plaintiff states that he has been instructed to

withdraw the suit in view of the settlement between the parties.

https://www.mhc.tn.gov.in/judis C.S.(Comm.Div.) No.264 of 2020

2. Accordingly, C.S.(Comm.Div.) No.264 of 2020 is dismissed as

withdrawn without any order as to costs. Since the withdrawal is on

account of a settlement, the plaintiff is entitled to re+fund of the full Court

fee. Consequently, the connected A.Nos.1104 of 2021 and 1684 of 2022

are closed.

23.06.2022 rna Index : Yes / No Internet : Yes / No

https://www.mhc.tn.gov.in/judis C.S.(Comm.Div.) No.264 of 2020

SENTHILKUMAR RAMAMOORTHY,J

rna

C.S.(Comm.Div.) No.264 of 2020 and A.Nos.1104 of 2021, 1684 of 2022

23.06.2022

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