Spm Arts Llp v. Chakri Chigurupati

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.01.2023

CORAM

THE HON'BLE MR.JUSTICE R.MAHADEVAN and THE HON'BLE MR.JUSTICE J.SATHYA NARAYANA PRASAD and C.M.P.No.7099 of 2021 SPM Arts LLP Represented by its Designated Partner Sanjay Kumar Lalwani Having its Office at No.66B Seeyalam, 1st Street, F1, 1st Floor, Villivakkam, Chennai 600 049.

...Appellant Vs 1.Chakri Chigurupati 2.B.Kumar 3.Mohandas Pai 4.Qube Cinema Technologies Pvt. Ltd., No.1034, Dr.Rajkumar Road, Rajajinagar 4th Block, Bangalore - 560 010.

5.Zee Entertainment Enterprises Limited, Represented by its Director, Having Regional Office at No.39, 3rd Floor,

United Mansions, MG Road, Bangalore - 560 001.

6.Aditya Music (India) Private Limited, Represented by its Director, Having Registered Office at 3-5-1091/7, Venkateshwara Colony, Narayanaguda, Hyderabad, Telangana 500 029.

... Respondents PRAYER: Original Side Appeal filed under Section 13 (1) of the Commercial Courts Act, 2015 read with Clause 15 of the Letters Patent to set aside the fair and decretal order dated 15.03.2021 passed in Application No.331 of 2021 in C.S.(Comm.Div.) No.35 of 2021 and the Original Side Appeal be allowed with costs.

For Appellant : Mr.B.Aravind Srevatsa.

For Respondents : Mr.S.Sivaraman for R1.

Ms.V.Keerthana for R3.

M/s.King & Patridge for R5.

No appearance for R6.

J U D G M E N T

[Judgment of the Court was made by R.MAHADEVAN,J,]

This Original Side Appeal has been filed to set aside the fair and decreetal order dated 15.03.2021 passed in Application No.331 of 2021 in C.S.(Comm.Div.)No.35 of 2021.

2. When this Original Side Appeal was taken up for hearing, the learned counsel for both the parties submitted that subsequent to the filing of this Appeal, the feature film 'Shadow' (Kannada) came to be released both in theatres and in OTT (Over The Top) Platforms. Therefore, the learned counsel for both the parties submitted that nothing survives for further adjudication in this appeal.

3.Recording the above submission made by the learned counsel for both the parties, this Original Side Appeal is closed leaving it open to the parties to contest the Suit in the manner known to law. No costs. Consequently, the connected Miscellaneous Petition is also closed.

(R.M.D.,J.) (J.S.N.P.,J.) 10.01.2023 ay Index:Yes / No Speaking Order / Non-speaking Order R.MAHADEVAN,J.

and J.SATHYA NARAYANA PRASAD,J.

ay and C.M.P.No.7099 of 2021

Dated:10.01.2023