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MADRAS HIGH COURT
M/s RV MEDIA SOLUTIONS., – Appellant
Versus
M.S.Sharavanan – Respondent
CS 601 2018
C.S.(Comm.Div.)No.601 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Reserved on : 22.10.2021
Pronounced on : 27.10.2021
Coram:
THE HONOURABLE DR. JUSTICE G. JAYACHANDRAN
C.S.(Comm.Div).No.601 of 2018
M/s.RV MEDIA SOLUTIONS,
Represented by its Partner Mr.M.Ravindran,
No.28A, ABM Avenue,
R.A.Puram, Chennai – 600 028.
... Plaintiff
/versus/
1. Mr.M.S.Sharavanan, Proprietor,
M/s.SRI GREEN PRODUCTIONS,
Prameela Towers, 4th Floor,
No.13B, Pulliyur 1st Lane,
Kodambakkam, Chennai – 600 024.
2. Mr.C.J.Jayakumar, Proprietor,
M/s.CAMEO FILMS,
No.59, Vijayaraghava Road,
T.Nagar, Chennai – 600 017.
... Defendants
Prayer:- Civil Suit has been filed under Order 7 Rule 1 of O.S. Rules read with
Order VII Rule 1 of C.P.C., and Sections 55 and 62 of the Copyright Act, 1957.
(a)(i). Declaring that the Plaintiff is the absolute owner of the theatrical,
exhibition and exploitation rights in NSC area for Tamil Film, 'Imaikka Nodigal'
starring Nayanthara, Atharva and others, directed by Ajay Gnanamuthu;
(a)(ii). Grant a Permanent Injunction restraining the 1st and 2nd defendants,
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C.S.(Comm.Div.)No.601 of 2018
their men, agents, servants or any other person acting on their behalf from
releasing the film 'Imaikka Nodigal”, starring Nayanthara, Atharva and others
directed by Ajay Gnanamuthu without setting the dues to the plaintiff or in the
alternative.
(b). Directing the Defendants to pay the plaintiff a sum of Rs.4,00,00,000/-
along with interest @36% per annum from date of plaint till realization.
(c). Directing the 1st and the 2nd defendant to pay the costs of the suit.
For Plaintiff
: Mr.K.Hari Shankar
For Defendants
: M/s.Ahmad Associates for D1
Mr.Om Sai Ram for D2.
J U D G M E N T
(This case has been heard through Video Conferencing)
The epicentre of the suit subject is the Tamil cinematographic film
titled “IMAIKA NODIGAL”. The said movie was produced by 2nd defendant
M/s.Cameo Films. On 07.01.2017, the 2nd defendant entered into a Royalty
Minimum Guarantee Agreement with the first defendant granting commercial and
theatrical exhibition copyrights of the said movie for the entire Tamil Nadu,
Chittor and Pondicherry, for perpetual period. Also entered into Minimum
Guarantee Agreement for entire worldwide right of exploitation of the film
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C.S.(Comm.Div.)No.601 of 2018
including the dubbing right. In turn, the first defendant on 03.03.2017 assigned to
the plaintiff the theatrical exploitation right to distribute, exhibit and exploit the
said film in respect of North Arcot, South Arcot and Chengalpet (shortly ‘NSC’, as
called by the film industries) for a consideration of Rs.4,25,00,000/-. The first
defendant received Rs.4,00,00,000/- and agreed for the balance Rs.25,00,000/-
lakhs to be paid on the eve of the movie release.
2. On the eve of the movie release, the plaintiff had resorted to this
suit for declaration and injunction on the premise that, the first defendant, after
assigning the theatrical exploitation rights for the 'NSC' area and received advance
of Rs.4,00,00,000/- from the plaintiff with a promise that, the movie will be made
ready and censored for release before 30.04.2017, failed to get the movie made
ready by the time promised. Therefore, the plaintiff preferred a complaint before
the Micro and Small Enterprises Facilitation Council at Chennai on 05.03.2018
against the first defendant for return of the money advanced with interest. No
settlement arrived between the parties before the MSE council.
3. After assigned the copyrights for theatrical exploitation in 'NSC'
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C.S.(Comm.Div.)No.601 of 2018
area in favour of the plaintiff through the first defendant, the producer of the film
(second defendant) advertised that, the film will be released during the month of
August 201
