2025:BHC-OS:15254 IN THE HIGH COURT OF JUDICATURE AT BOMBAY M SA A L N G D A I O R N A K M A I R LIND DMD i aIg tLi e tI:Na 2 lD0 y 2Ss 5 iAg .L0 n 9Ge . dA1 O6 b Ny 1 7KM :A0 AR8 N :5 D 7 I R + A 0530 ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION (L) NO.24289 OF 2025 IN COMMERCIAL SUIT (L) NO.24272 OF 2025 Avanika Films LLP .. Applicant In the matter between :-

Avanika Films LLP .. Plaintiff Versus Abhay Verma .. Defendant …

Dr.Birendra Saraf, Senior Counsel and Advocate General with Mr.Rashmin Khandekar (through VC) and Mr.Anand Mohan i/b Mr.Vikramaditya Vijay Chavan for the Applicant/Plaintiff.

Mr.Rohan Caama with Mr.Sunil Zalmi i/b De Zalmi &

Associates for the Respondent/Defendant. CORAM : PRAFULLA S. KHUBALKAR, J. RESERVED ON : 04th SEPTEMBER, 2025 PRONOUNCED ON : 15th SEPTEMBER, 2025 ...

FINAL ORDER Heard Dr.Birendra Saraf, learned Senior Counsel and Advocate General along with Mr.Rashmin Khandekar and Mr.Anand Mohan i/b Mr.Vikramaditya Vijay Chavan for the Applicant/Plaintiff and learned counsel Mr.Rohan Caama along with Mr.Sunil Zalmi i/b De Zalmi & Associates for the Respondent/Defendant.

2. Instant Interim Application, filed by the plaintiff, seeks enforcement of a negative covenant contained in the Artist Agreement dated 15/06/2025 for restraining the Defendant from engaging himself in any services similar to the services under the Agreement in relation to any other feature film, programme, play, television series, film etc. for any other person during the shooting schedule mentioned in the Agreement for the period from 05/09/2025 to 20/11/2025.

3. The Interim Application for injunction is moved in the Commercial Suit filed by the Plaintiff, seeking permanent injunction with respect to the negative covenant contained in Clause 2.2.2 of the Agreement dated 15/06/2025 alongwith a declaration of termination of the Agreement being null and void, unlawful, non est and bad in law. The Plaintiff has also prayed for damages/compensation in a sum of INR Rs.12,00,00,000/- (Indian Rupees Twelve Crores only) with interest at the rate of

18% against the Defendant.

FACTUAL BACKGROUND

4. The factual setup in which the controversy arose is succinctly stated below:

The Plaintiff, a producer of the film had entered into an Artist Agreement with the Defendant on 15/06/2025. This Agreement mentions elaborate terms and conditions, including specific covenants about ‘shooting schedule’, which is subject matter of controversy in the instant suit. It is the plaintiff’s case that after detailed deliberations and negotiations about the project and about the schedule of dates, the parties have entered into the Agreement specifically mentioning therein that the Defendant shall perform lead role in the cinematographic film named ‘Prem Keetanu’, to be produced by the Plaintiff. In accordance with the terms of the Agreement, the shooting was scheduled for the period from 05/09/2025 to 20/11/2025. It is averred that in the month of July itself the defendant conveyed his inability to abide by the shooting schedule on account of overlapping of dates with his earlier assignments. It is averred that instead of abiding by the commitments as incorporated in the specific covenants, the Defendant has terminated the Agreement by his communication dated 12/07/2025. The Plaintiff has, therefore, lodged the instant suit on 03/08/2025 seeking permanent injunction to enforce the negative covenant contained in the said Agreement. By way of an amendment to the plaint, which was allowed on 14/08/2025, the Plaintiff incorporated prayer clause (aa) and thereby sought a declaration that termination of Agreement be held to be illegal.

In this backdrop, the Plaintiff has prayed for interim injunction in the nature of enforcement of negative covenant to restrain the Defendant from engaging himself in services similar to the services in the Agreement.

5. In response to the Interim Application seeking temporary injunction, the defendant has filed his reply affidavit dated