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Madras High CourtOA/388/2019disposed of

S.Lakshman Kumar S/O.T.V.Subramanian v. M/S.Thirukumaran Entertainment

2019-04-11Honourable Mr Justice R. Suresh Kumar4 pages

O.A.Nos.388 & 389 of 2019 R.SURESH KUMAR, J.

The prayer sought for in the above applications is as follows:

"O.A.No.388 of 2019 : To grant an order of ad interim injunction restraining the Respondent, his licensees, assignees, distributors, sub distributors, exhibitors, agents and representatives from theatrical releasing of the film "GANGS OF MADRAS" in any part of Tamil Nadu and from otherwise exploiting the film or any mode, medium, or format including without limitation on television, digital or otherwise, pending disposal of arbitration.

O.A.No.389 of 2019 : To grant an order of ad interim injunction restraining the respondent his licensees, assignees, distributors, sub distributors, agents and representatives from dealing with the film "GANGS OF MADRAS" in any manner whatsoever with any third party including by way of licensing or assignment of sundication and/or exploitation rights of the film on any mode, medium or format in favour of any third party in any part of the world and in any language till the conclusion of the arbitration proceeding between the parties hereto or till an order is passed by the arbitrators in that regard otherwise pending disposal of arbitration.

2. In these two applications, this Court by order dated 10.04.2019, has granted an interim order of injunction as prayed for till 24.04.2019.

3. On notice, the respondents entered appearance and both the learned counsel for the applicant as well as the learned counsel for the respondent made submission stating that, both the applicant and respondent have entered into a compromise which has been reduced into Joint Memo by the applicant and the respondent dated 11.04.2019 (today) and the same has been filed before this Court.

4. Relying upon the said Joint Memo of Compromise, the learned counsel for both the parties submitted that, since the parties have entered into a compromise Memo, strictly in terms of the said Compromise Memo, by recording the same, these applications can be disposed of.

5. I have heard the learned counsel for the parties and have gone through the contents available in the Joint Memo dated 11.04.2019.

6. Since the parties have agreed and entered into a Compromise, which has been reduced into writing, where, both the applicant as well as the respondent have signed along with the respective counsel, this Court is inclined to pass the following Order: "That these two applications are disposed of by taking into record, the Joint Memo of Compromise dated 11.04.2019, filed by the applicant as well as the respondent. The said Joint Memo of Compromise dated 11.04.2019 is taken on record and it shall form part of this order."

11.04.2019 smi

R.SURESH KUMAR, J.

smi O.A.Nos.388 & 11.04.2019