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2025 Supreme(Online)(Mad) 52746
IN THE HIGH COURT OF JUDICATURE AT MADRAS
ABDUL QUDDHOSE, J
M/s.ASP Media Solutions – Appellant
Versus
M/s.Jayakodi Pictures – Respondent
O.A.No.757 of 2025 | Arb.Appln.No.1009 of 2025
For the Appellants/Petitioners: Mr.P.R.Raman, Mr.Anupam Raghuraman
For the Respondents: Mr.P.V.Balasubramanian, Lakshmi Raja
The court delineates the parameters for interim relief under arbitration, emphasizing preservation of applicant's rights pending settlement of disputed facts.
Headnote:This judgment addresses interim injunction requests under Section 9 of the Arbitration and Conciliation Act, 1996. The case arises from disputes over the release of a movie with claimed financing of Rs.5,94,44,350. The court finds disputed factual matters that require arbitration for resolution. The court permits the movie's release, although revenues are capped and subject to safeguard of the applicant's interests pending arbitration. Final directives are issued to facilitate financial arrangements for revenue handling pending conflict resolution.
| Table of Content |
|---|
| 1. interim injunction request under arbitration. (Para 1 , 2 , 3) |
| 2. financial disputes related to film production. (Para 5 , 6 , 15) |
| 3. contentions regarding contractual obligations. (Para 8 , 10 , 11 , 12) |
| 4. court's balancing of interests pending arbitration. (Para 16 , 17) |
COMMON ORDER
O.A.No.757 of 2025 has been filed under Section 9 of the Arbitration and Conciliation Act, 1996 seeking for an order of interim injunction to restrain the respondent from releasing the movie by the name “BLACKMAIL”.
2. Arb.Appln.No.1009 of 2025 has been filed seeking to direct the respondent to furnish security to the extent of Rs.5,94,44,350/- pending disposal of the arbitral proceedings.
3. Since the cause of action for filing the aforesaid applications is one and the same, this Court is disposing of both the applications through a common order.
4. The applicant has filed these applications stating as follows:
a) The sum claimed in the application viz., Rs.5,94,44,350/- arises out of following three agreements entered into between the applicant and the respondent:
1. Agreement dated 25.11.2022;
2. Agreement dated 01.12.2023; and
3. Addendum agreement dated 01.12.2023
5. The applicant claims to be a financier and according to the applicant, the respondent is the producer of the said movie “BLACKMAIL”. According to the applicant, the respondent has failed to fulfill his obligations as per the aforesaid agreements and without settling the dues of the applicant in terms of the aforesaid agreements, the respondent is now attempting to release the said movie. According to the applicant as per the terms and conditions of the respective agreements, the respondent can release the movie only after settling the dues of the applicant.
6. The learned Senior Counsel for the applicant also claims that in violation of the terms and conditions of the respective agreements, the respondent assigned the copyright of the said movie “BLACKMAIL” in favour of his wife. However, the wife of the respondent has not been arrayed as a party respondent in this application.
7. The applicant has also stated that the cheque issued by the respondent for a sum of Rs.5,94,44,350/- towards repayment of loan has also been dishonored for “insufficient of funds”. Only under those circumstances, the applicant has filed these applications seeking for an interim protection under Section 9 of the Arbitration and Conciliation Act, 1996 pending disposal of the arbitral proceedings.
8. The learned Senior Counsel appearing for the applicant would submit that the alleged No Objection Certificate said to have been issued by the applicant to Qube Cinema Technologies Pvt. Ltd. (service provider) as seen from the counter filed by the respondent before this Court permitting the respondent to release the movie “BLACKMAIL” is a forged and fabricated document. The learned Senior Counsel appearing for the applicant would also submit that though the agreement stipulates that only a sum of Rs.2,81,00,000/- was lent by the applicant to the respondent, the actual money payable by the respondent to the applicant is Rs.5,94,44,350/-. According to the learned Senior Counsel appearing for the applicant, the said sum of Rs.5,94,44,350/- includes interest payable by the respondent to the applicant as per the terms and conditions of the respective contracts.
9. Learned Senior counsel appearing for the applicant would also rely upon the reply dated 05.05.2025 alleged to have been sent by the respondent to the applicant and would submit that the respondent has confirmed in the said reply that they shall pay the dues of the applicant after release of the said movie “BLACKMAIL”.
10. On the other hand, the learned Senior counsel appearing for the respondent would submit as follows:
a) Out of the three agreements relied upon by the applicant two of them admittedly does not contain an arbitration clause. According to him, only one agreement contains an arbitration clause. Therefore, he would submit that this appl
