Madras High Court
Reliance Industries Limited vs Studio Green Films Pvt. Ltd on 8 November, 2024
Author: Abdul Quddhose
Bench: Abdul Quddhose
C.S. (Comm.Div.) No.213 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.11.2024
CORAM
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE
C.S. (Comm.Div.) No.213 of 2024 and O.A.Nos.821 to 824 of 2024
Reliance Industries Limited,
represented by its Power of Attorney Holder
Ms.Nandini Banerjee .. Plaintiff
-vs-
1.Studio Green Films Pvt. Ltd.,
represented by its Promoter and
Managing Director Gnanavelraja K.E.
2.Gnanavelraja K.E. .. Defendants
Prayer: Plaint filed under Order VII, Rule 1 of the Code of Civil Procedure,
1908 read with Order IV, Rule 1 of the Original Side Rules read with
Section 7 of the Commercial Courts Act, 2015 to pass a judgment and
decree in favour of the plaintiff in terms of the prayers mentioned below:
a)A decree be passed directing Defendant Nos.1 and 2 to jointly and
severally pay to the Plaintiff the outstanding sums under the Settlement
Agreement dated August 7, 2024, amounting to INR 55,68,29,246/- (Indian
Rupees Fifty Five Crores Sixty Eight Lakhs Twenty Nine Thousand Two
Hundred and Forty Six Only), including principal and applicable GST plus
interest thereon @ 24% per annum with effect from the applicable dates (as
set out in paragraph 43 above) till the date of the filing of the present suit;
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C.S. (Comm.Div.) No.213 of 2024
b)A decree of permanent injunction be passed restraining the
Defendants, its agents, representatives or any other officials and/or digital
service providers, film labs or any other third party, from generating or
delivering key delivery messages for and/or releasing or exploiting the film,
"Kanguva", in the territory of Tamil Nadu, without the No-Objection
Certificate from the Plaintiff;
c)A decree of permanent injunction be passed restraining the
Defendants, its agents, representatives or any other officials and/or any other
third party including digital service providers and/or OTT Platforms from
digitally releasing or exploiting the film "Thangalaan", in India and/or
worldwide without the No-Objection Certificate from the Plaintiff;
d)A decree of permanent injunction be passed restraining the
Defendants, their agents and representatives from in any manner alienating,
encumbering, transferring, selling, disposing off, parting with possession of
or creating any further third party right, title or interest of any nature
whatsoever in respect of all the income, proceeds and rights with respect to
the theatrical release of film "Kanguva", in the territory of Tamil Nadu;
e)A decree of permanent injunction be passed restraining the
Defendants, their agents and representatives from in any manner alienating,
encumbering, transferring, selling, disposing off, parting with possession of
or creating any further third party right, title or interest of any nature
whatsoever in respect of all the income, proceeds and rights with respect to
the digital release and / or exploitation of the film "Thangalaan", in India
and/or worldwide in perpetuity;
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C.S. (Comm.Div.) No.213 of 2024
f)A decree be passed holding Defendant Nos. 1 and 2 jointly and
severally be liable to pay to the Plaintiff pendente lite and future interest on
the amounts stated in prayer (a) above at the rate of 24% per annum from
the date of filing the present suit till date of payment of the entire amount,
along with a direction to pay such interest to the Plaintiff;
g)A decree be passed holding the Defendant Nos. 1 and 2 jointly and
severally liable to pay actual costs of the present suit.
For Plaintiff : Mr.Satish Parasaran,
Senior Counsel for
Mr.Rahul Unnikrishnan
For Defendants : Mr.Vijayan Subramanian
JUDGMENT
Mr.Sathish Parasaran, learned Senior Counsel for the plaintiff would
submit in the presence of the Authorised Representatives of the plaintiff that
the parties have amicably resolved the dispute amongst themselves by
agreeing to the following terms:
a)The plaintiff has agreed to grant NOC to release the KDM and to
release the film 'KANGUVA' in Tamil Nadu territory by the defendants in all
languages on 14.11.2024 and the defendants are permitted to assign the
theatrical rights of the Film 'KANGUVA' to any third parties;
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C.S. (Comm.Div.) No.213 of 2024
b)The plaintiff shall send their NOC to Ravi Prasad Lab conveying
their no objection to release the film 'KANGUVA' in Tamil Nadu Territory;
c)The plaintiff shall terminate the Assignment Agreement dated
08.11.2023 for the film 'THANGALAAN', Agreement dated 23.09.2023 for
the film 'X MEETS Y' (Tamil) and Agreement dated 23.09.2023 for the film
'TEDDY-2' and all the copyright assigned under the aforementioned three
Agreements and shall revert back to the first defendant for the entire world
in perpetuity;
d)The plaintiff has no objection in the defendants and its sub-
assignees exploiting the OTT, Satellite and other rights of the Film
'KANGUVA' and 'THANGALAAN' in all languages world wide for
perpetuity in all modes and mediums;
e)All the claims made in the Settlement Agreement dated 07.08.2024
is fully settled and there is no claims pending by the first defendant towards
the plaintiff and all claims made against both the defendants shall be
withdrawn;
f)The plaintiff shall provide the invoices to the first defendant with
respect to the payments and GST received.
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C.S. (Comm.Div.) No.213 of 2024
2.The plaintiff has received three UTRs and the fourth UTR for a sum
of Rs.25,00,000/- + GST towards legal cost is said to have been sent by the
first defendant and the same has to be received by the plaintiff.
3.Learned counsel for the defendants would agree to the said
submissions made by the learned Senior Counsel for the plaintiff as
extracted supra. He would also submit that on instructions that the fourth
UTR for a sum of Rs.25,00,000/- + GST will also be received by the plaintiff
in due course.
4.M/s.Mango Mass Media Pvt. Ltd./OTT owners, who have the rights
on the film 'THANGALAAN' is represented by Mr.Prasanna Vengatesh,
learned counsel, who is present before this Court today.
5.In the ealier order dated 07.11.2024 passed by this Cout, this Court
had recorded the fact that certain payments were made by M/s.Mango Mass
Media Pvt. Ltd. on behalf of the first defendant. Since the parties have
amicably resolved the disputes amongst themselves, the suit is dismissed as
settled out of the Court and refund of full court fees is ordered to be paid in
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C.S. (Comm.Div.) No.213 of 2024
ABDUL QUDDHOSE, J.
vga
favour of the plaintiff. The undertaking earlier given by the first defendant
on 29.10.2024 stands withdrawn in view of the amicable settlement.
Consequently, connected applications are closed.
Post the matter for reporting compliance on 11.11.2024.
08.11.2024
vga
C.S. (Comm.Div.) No.213 of 2024 and O.A.Nos.821 to 824 of 2024
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