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Madras High CourtCMP/10285/2021disposed of

Sun Tv Network Limited v. M/S Bhavani Amman Combines

2021-08-23Honourable Mr Justice M.M.Sundresh,Honourable Mrs Justice S.Kannammal3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Civil Appellate Jurisdiction ) Monday, the Twenty Third day of August Two Thousand Twenty One PRESENT THE HON`BLE MR JUSTICE M.M.SUNDRESH AND THE HON`BLE MRS JUSTICE S. KANNAMMAL CMP.No.10285 of 2021 and A.S.No.218 of 2021 SUN TV NETWORK LIMITED [ PETITIONER IN BOTH THE PETITIONS ] REPRESENTED BY ITS AUTHORISED SIGNATORY, HAVING OFFICE AT MURASOLI MARAN TOWERS, 73 MRC NAGAR MAIN ROAD, MRC NAGAR, CHENNAI-600028.

Vs 1 M/S BHAVANI AMMAN COMBINES [RESPONDENTS IN BOTH THE PETITIONS ] REP.BY ITS PROPRIETOR MR.R.VIJAYAKUMAR, NO.4 CHARI STREET, T.NAGAR, CHENNAI-600017 2 M/s.SATHYA JYOTHI FILMS NO.2 SHANMUGAM STREET, ROYAPETTAH, CHENNAI 600014 AND AT M/S SATHYA JYOTHI FILMS AND AGENCIES (P) LTD, REP.BY ITS MANAGING DIRECTOR, MR.T.G.THYAGARAjAN.

3 K.LOKESH 4 M/s.GEMINI COLOR LABORATORY NO.2,VEMBULIAMMANKOIL STREET, VIRUGAMBAKKAM, CHENNAI-600092 [CAUSE TITLE ACCEPTED.VIDE COURT ORDER DT.20.04.21 PASSED IN CMP.5135/2021 IN AS.(SR).26227/2021.[MMSJ,RNMJ

Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to Appeal against the judgment and decree dated 11/11/2020 passed by the Principal Judge, City Civil Court, Chennai in O.S.(Commercial Division)No.5/2020(previously CS No.944 of 2001 on the file of Hon'ble High Court of Madras(in A.S.No.218 of 2021) (2)To stay the judgment and decree dated 11/11/2020 passed in Os.No.5/2020 (in CMP.No.10285 of 2021)pending disposal of the above A.S.No.218 of 2021.

Order : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of MR.Y.ANILKUMAR AND R.MUKUNDAN, Advocate for the petitioner and of MR.VASUDHA THIAGARAJAN, ADVOCATE on behalf of the Respondents the court made the following order:- [Order of the Court was made by M.M.SUNDRESH, J.] Both the petitioner and the first respondent have filed their respective appeals against the judgment and decree of the trial court. The trial Court has awarded a sum of Rs.5 lakhs with 12% interest payable by the petitioner.

2.Considering the facts and circumstances of the case, this Court is inclined to grant the order of stay pending disposal of the appeal. Accordingly, there shall be an order of interim stay pending disposal of the appeal on condition that the petitioner pays 50% of the damages awarded by the trial Court along with interest as ordered by the trial Court within a period of six weeks from the date of receipt of a copy of this order. This miscellaneous petition is disposed of accordingly. Post the appeal along with A.S.No.105 of 2021. -sd/- 23/08/2021 / TRUE COPY / Sub-Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.

TO 1 THE PRINCIPAL JUDGE, CITY CIVIL COURT,CHENNAI.

C.C. to MR.Y.ANILKUMAR AND R.MUKUNDAN Advocate SR.No.4759. C.C. to M/S.VASUDHA THIAGARAJAN Advocate SR.No.4784. Order in CMP.No.10285 of 2021 and A.S.No.218 of 2021 Date :23/08/2021 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format GS(01/09/2021)