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Madras High CourtCS/452/2018disposed of

P. Pandi, v. C. Ravindhar.,

2018-09-04Honourable Mr Justice P.D.Audikesavalu3 pages

In the High Court of Judicature at Madras DATED: 04.09.2018 Coram The Hon'ble Mr.Justice P.D. AUDIKESAVALU C.S.No.452 of 2018 and A.No.5566 of 2018 P. Pandi Proprietor M/s. SPS AV International Madurai - 625201 ... Plaintiff

Versus

1.C.Ravindhar Sole Proprietor of M/s.Libra Productions, Ashok Nagar, Channai-600083

2. M/s.Real Image Technologies Pvt.Ltd., Royapettah, Chennai 600014.

3. M/s.UFOMoviez India Lgtd., Vadapalani, Chennai 600026.

4. M/s.Prasad Xtreme Digital Cinema Network Saligramam, Chennai 600093.

5. M/s.QUBE Cinema Technologies Pvt. Ltd., Mylapore, chennai 600004. ... Defendants Plaint filed under Order IV Rule 1 of O.S. Rules read with order VII Rule 1 and 2 prays for a judgment and decree against the 1st defendant for directing him to pay to the plaintiff a sum of Rs.25,20,000/- together with interest at 36% per annum from the date of plaint till the date of realisation and also for a Permanent Injunction restraining the defendant herein, their men, agents, servants, distributors or anybody claim through or under them from in any manner causing the general release of the Tamil Talkie Picture titiled "NATPUNNA ENNAANNU THERIYUMAA" (Tamil Colour) anywhere including in the overseas territories without first settling the suit claim of the plaintiff with costs.

For Plaintiff : Mr.A.Chidambaram, M.L., For Defendants : Mr.R. Sagadevan [for D1 ]

JUDGMENT

This civil suit has been filed to pass judgment and decree in favour of the plaintiff directing the 1st defendant to pay a sum of Rs.25,20,000/- to the plaintiff together with interest at 36% per annum from the date of plaint till the date of realisation and also for a Permanent Injunction restraining the defendant, their men, agents, servants, distributors or anybody claim through or under them from in any manner causing the general release of the Tamil Talkie Picture titled "NATPUNNA ENNAANNU

THERIYUMAA" (Tamil Colour) anywhere including in the overseas territories without first settling the suit claim of the plaintiff with costs.

2. Heard the learned counsel for the plaintiff as well as the learned counsel for the defendants.

3. The learned counsel for the plaintiff submits that the dispute has been amicably settled between the parties and an endorsement has been made by the learned counsel for the plaintiff as follows:- "Since the 1st defendant has paid Rs.7,20,000/- due under the dishonoured cheque and also granted back the overseas rights of the suit picture "Natpunna Ennaannu Theriyumaa" for the entire investment of Rs.18,00,000/- (Rupees Eighteen Lakhs only) already paid and the plaintiff is at liberty to deal with the said overseas rights as per agreement dated 17.02.2018. Hence recording the above and recognizing the overseas rights of the plaintiff, the suit may be dismissed as settled out of Court and refund of 1/2 court fees may be ordered."

4. In view of the same, the suit is dismissed as settled out of court. The Registry shall issue certificate to the Plaintiff for the eligible amount of court fee in accordance with law. A.No.5566 of 2018 is closed. No costs.

04.09.2018 ggs Note : Issue order copy on 19.09.2018 P.D. AUDIKESAVALU,J.

ggs C.S.No.452 of 2018 and A.No.5566 of 2018

04.09.2018