Madras High Court
Ramjee Narasiman vs Rockfort Entertainment Llp on 24 April, 2023
O.S.A.(CAD) No.17 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.04.2023
CORAM
THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
O.S.A.(CAD) No.17 of 2023
Ramjee Narasiman .... Appellant
-Vs-
Rockfort Entertainment LLP
Rep.by its Partner .... Respondents
Prayer: Appeal under Section 13(1) of the Commercial Courts Act,
2015 to set aside the order and decreetal order dated 27.01.2023 in
O.A.No.536 of 2022 in C.S.(Comm.Div) No.176 of 2022 passed by the
Hon'ble Court and allow this OSA.
For the Appellant : Mr.P.Kumaresan, Senior Counsel
for M/s.K.Sumathi
For the Respondent : Ms.R.Roshni
for Mr.Vijayan Subramanian
Page 1 of 4
https://www.mhc.tn.gov.in/judis
O.S.A.(CAD) No.17 of 2023
JUDGMENT
(Judgment delivered by D.BHARATHA CHAKRAVARTHY, J.)
This original side appeal is directed against the order of the
learned Single Judge dated 27.01.2023 in O.A.No.536 of 2022 in
C.S.No.176 of 2022. The Original Application is filed by the applicant /
plaintiff to pass an order of interim injunction restraining the
respondents, their men, agents etc., from directly or indirectly
releasing the upcoming movie 'Pisaasu-2' movie on 31.08.2022
pending disposal of the suit. The learned Single Judge, after
considering the suit claim and the case of the parties, directed that a
total sum of Rs.50 lakhs to be deposited before the Court. Of the said
sum, already a sum of Rs.25 lakhs has been deposited.
2. However, it is submitted by the learned Senior Counsel
appearing on behalf of the appellant that the second installment of
Rs.25 lakhs is yet to be paid even though the period of four weeks
granted by the learned Single Judge has expired and they are taking
steps to release the movie.
https://www.mhc.tn.gov.in/judis
O.S.A.(CAD) No.17 of 2023
3. We find from the order that, even though the learned Single
Judge, in Para 5 has given a direction to deposit the cheque for Rs.25
lakhs, the further consequential direction as to what will happen if the
defendant does not deposit the amount has not been mentioned in the
order. Therefore, we are bound to interfere with the order to the
extent to clarify the said position. Accordingly, we modify the order of
the learned Single Judge by adding that, failing to deposit the cheque
for a sum of Rs.25 lakhs within the period mentioned above, there
shall be an order of interim injunction restraining the respondent from
releasing the upcoming Tamil movie 'Pisasu-2' as prayed for in the
original application. The Original Side Appeal stands allowed to the
above extent.
(T.R., ACJ.) (D.B.C., J.)
24.04.2023
Index : Yes/No
Neutral Citation : Yes/No
kst
https://www.mhc.tn.gov.in/judis
O.S.A.(CAD) No.17 of 2023
T.RAJA, ACJ,
and
D.BHARATHA CHAKRAVARTHY, J.
(kst)
O.S.A.(CAD) No.17 of 2023
24.04.2023
https://www.mhc.tn.gov.in/judis
