O.A.No.313 of 2023

KRISHNAN RAMASAMY, J.

This Original Application has been filed seeking to grant an order of

interim injunction restraining the respondents from releasing the movie,

"RUDRAN" starring Raghava Lawarence, Priya Bhavani Shanker being directed

by S.Kathiresan and Music by G.V.Prakash in theatres and through Satellite and

Digital mode in all the languages pending disposal of the Arbitration proceeding

being initiated by the applicant vide Arbitration Notice dated 09.04.2023 to the

respondents.

2. Mr.C.P.Sivamohan, learned counsel for the applicant submitted that the

respondents are intended to release the Tamil movie, "RUDRAN" on 14.04.2023.

The second respondent has assigned the dubbing rights of the said movie in

respect of world satellite digital and electonic rights in Hindi and all Northern

Indian languages (except the South Indian languages viz., Tamil, Telugu,

Malayalam and Kannada) to the applicant. The Deed of Assignment was

executed between the applicant and the first respondent on 15.04.2021. As per

the terms and conditions of the said Deed of Assignment, the applicant is suppose

to pay a sum of Rs.12,25,00,000/-.

2.1. Further, the learned counsel submitted that particularly, as per Clause

18 of the Deed of Assignment, the consideration amount has to be paid

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immediately upon receipt of a valid tax invoice from the Assignor (first

respondent). Out of the total consideration amount of Rs.12,25,00,000/-, the

applicant has already paid a sum of Rs.10,00,00,000/-, however, the first

respondent has raised tax invoice for Rs.2,50,00,000/- on 31.07.2021 and

another tax invoice for Rs.2,00,00,000/- on 28.08.2021 alone and for the balance

amount, the respondents did not raise any invoices. While so, the respondents

have terminated the aforesaid Deed of Assignment on 03.12.2021. So,

immediately after the receipt of termination notice, the applicant has decided to

initiate arbitration proceedings against the respondents by nominating an

arbitrator and the applicant has sent a Notice dated 09.04.2023 to the

respondents, seeking their consent for appointment of sole Arbitrator, to

adjudicate the dispute between the parties and now, the arbitration proceedings is

also going on.

2.2. The learned counsel also submitted that the dubbing rights of the

aforesaid movie in respect of world satellite digital and electronic rights in Hindi

and all Northern Indian languages (except the South Indian languages viz., Tamil,

Telugu, Malayalam and Kannada). Since the respondents have terminated the

Deed of Assignment, the applicant has referred the dispute before the Arbitrator.

The applicant was shocked because the respondents have dragged on the issue

only with an intention to release the movie, “RUDRAN” on 14.04.2023. If the

said movie is released, particularly, in Tamil on 14.04.2023, the rights of the

applicant would be defeated and the applicant would not be able to recover the

amount of Rs.10 Crores (amount paid by the applicant) from the respondents.

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Unless and otherwise, this Court restrains the respondents from releasing the

aforesaid movie, the rights of the applicant would be affected. Therefore, the

learned counsel prayed this Court to protect the rights of the applicant and secure

the amount of Rs.10 Crores which was paid by the applicant to the respondents,

by granting an order of interim injunction as prayed by the applicant.

3. Considering the above submissions made by the learned counsel for the

applicant, this Court is of the opinion that the applicant has made out a prima

facie case, for obtaining an order of interim injunction and the balance of

convenience is in favour of the applicant. Hence, this Court is inclined to grant

an order of interim injunction. Acc