Bigtree Entertainment Private Ltd v. Gk Cinemas

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.06.2022

CORAM

THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY C.S.(Comm.Div.) No.

and O.A.Nos.51, 52 of 2019 and A.Nos.673, 1214 of 2019, 1487 of 2021 Big Tree Entertainment Private Limited, a company Incorporated under the Companies Act, 1956, having its registered Office at Ground Floor, Wajeda House, Gulmohar Cross Road No.7, Juhu Scheme, Mumbai - 400 049.

Also at Plot No.1187, G Block 1st Street, Anna Nagar, Chennai - 600 040.

... Plaintiff vs.

GK Cinemas, Represented by its sole Proprietor Mr.Divyaruban Mathivanan having its Office at Trunk Road, Lakshmi Nagar, Porur, Chennai, Tamil Nadu - 600 116.

... Defendant 1/6

PRAYER: Plaint filed under Order IV Rule 1 of the O.S.Rules Read With Order VII Rule 1 of Civil Procedure Code Read With Section 7 of Commercial Courts, Commercial Division and Commercial Division of High Court Act 2015, prayed for Judgment and Decree:- (a) Mandatory injunction directing the defendant to specifically perform its obligations under the Agreement dated June 19, 2017 read with First Addendum dated July 4, 2017 read with Second Addendum Agreement dated December 13, 2017 read with Third Addendum Agreement dated January 15, 2018 read with Addendum Agreement dated August 8, 2018 read with Fourth Addendum Agreement dated September 1, 2018 executed between the Plaintiff and the Defendant;

(b) Permanent injunction restraining the Defendant to act upon its termination letter dated January 3, 2019, addressed by Defendant to the Plaintiff and received by the Plaintiff on January 7, 2018; 2/6

(c) Grant a permanent injunction restraining the Defendant, its successors, assigns, agents and other related parties from in any manner acting pursuant to any agreement and / or arrangement entered into between them and any third party which provides for similar services to be provided to Defendant as those provided by the Plaintiff pursuant to the Agreement dated June 19, 2017 read with First Addendum dated July 4, 2017 read with Second Addendum Agreement dated December 13, 2017 read with Third Addendum Agreement dated January 15, 2018 read with Addendum Agreement dated August 8, 2018 read with Fourth Addendum Agreement dated September 1, 2018 executed between the Plaintiff and Defendant; (d) Without prejudice to the above, and in the alternative to prayer (a) and (c) above, this Hon'ble Court pass an order for damages in favour of the Plaintiff and against the Defendant thereby directing the Defendant to pay to the Plaintiff an amount of Rs.

dated December 13, 2017 read with Third Addendum Agreement dated January 15, 2018 read with Addendum Agreement dated August 8, 2018 read with Fourth Addendum Agreement dated September 1, 2018 executed between the Plaintiff and Defendant;

(e) To award cost of the suit.

For Plaintiff : Ms.Rohini Ravikumar For Defendant : Mr.C.Jagadish **********

J U D G M E N T

The plaintiff and the defendant have executed a Joint Memorandum of Compromise dated 04.08.2021. In terms thereof, it is stated that the plaintiff has undertaken to withdraw the suit. The said Joint Memorandum of Compromise has been filed in Court.

4/6

2. By taking note of the same, C.S.(Comm.Div.) No.51 of 2019 is dismissed as settled out of Court without any order as to costs. Since the dispute was settled out of Court, the plaintiff is entitled to the refund of the entire Court fees. Consequently, the connected O.A.Nos.51, 52 of 2019 and A.Nos.673, 1214 of 2019 and 1487 of 2021 are closed. 23.06.2022 rna Index : Yes / No Internet : Yes / No 5/6

SENTHILKUMAR RAMAMOORTHY,J rna and O.A.Nos.51, 52 of 2019 and A.Nos.673, 1214 of 2019, 1487 of 2021 23.06.2022 6/6