Balaji Colour Laboratory, Rep.By Its Partner Mr.C.Kalyan v. M/S. Balaji Real Media Pvt Ltd.(Previously M/S.Balaji Real Media Pvt Ltd) And Another
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION) TUESDAY, THE 31ST DAY OF AUGUST 2021 THE HON'BLE MR. JUSTICE N.SATHISH KUMAR O.A. No.474 of 2021 In the matter of Section 9 of the Indian Arbitration and Conciliation Act, 1996 and In the matter of original version of Telugu Filmtitled " Aradugula Bullet"
BALAJI COLOUR LABORATORY, REP.BY ITS PARTNER C.KALYAN Plot No.31B, H.No.G1, Road, No.5, Jubilee Hills, Hyderabad 500 033.
..Applicant -Vs1. M/S. JAYA BALAJI REAL MEDIA PVT. LTD., (PREVIOUSLY M/S.BALAJI REAL MEDIA PVT LTD.,) Rep.by its Director Mr.Thandra Ramesh, Having Registered Office at Floor No.D and E Ramakrishna Road, Ranjana Park, 1st Floor, Banumathi, Saligramam, Chennai - 600 093.
2. M/S.PVP CAPITAL LTD., Rep.by its Authorised Signatory, Mr.Sam Dinakaran Durairaj,
Having its Registered Office at D.No.2, 9th Floor, KRM Center, Harrington Road, Chetpet, Chennai - 600 031.
..Respondents Original Application praying that this Hon'ble Court be pleased to grant an order of interim injunction restraining the Respondents, his agents, servants, each and every person or persons in any manner releasing through theatres or Over The Top (OTT) Platform the telugu film "Aadarugula Bullet" more fully described in the schedule to the accompanying Judges Summons, in any languages including Distribution, Exhibition and Exploitation Rights, World Satellite Television Rights, Video Rights, VCD, DTH, DTU, Cable TV, Wire, Wireless and all other electric and Electronic Rights of the suit film for a perpetual period for the entire world including all other future territories pursuant to future scientific advancement and technological rights.
This original application coming on this day before this court for hearing the court made the following order:
This original application has been filed to grant an order of interim injunction restraining the respondents his agents, servants, each and every person of persons in any manner releasing through theatres or Over The Top
(OTT) Platform the telugu feature film "Aadarugula Bullet" more fully described in the schedule to the accompanying Judges summons, in any languages including Distribution, Exhibition and Exploitation Rights, World Satellite Television Rights, Video Rights, VCD, DTH, DTU, Cable TV, Wire, Wireless and all other electric and Electronic Rights of the suit film for a perpetual period for the entire world including all other future territories pursuant to future scientific advancement and technological rights.
2. By order dated 28.02.2020, the Division Bench has seized the matter on the basis of agreement entered between the parties for an amount of Rs.2.5 Crores.
3. Now, it is the contention of the learned counsel for the applicant that he has given consent to buy the Movie for a sum of Rs.3 crores. The amount fixed by the Receiver is very low. The said submission is recorded. However, keeping in mind that order passed by the Division Bench on 28.02.2020 itself, this Court is of the view that any modification or any further order required, it is for the applicant to approach the Division Bench where the O.S.A.No.255 of 2019 is pending. Therefore, this Court is not inclined to pass any order sitting over the order of the Division Bench. In
such view of the matter, this application is closed. It is for the applicant to approach the Division Bench for any modification. Sd/.N.S.K.J.
31.08.2021 //Certified to be a true copy// Dated this the th day of 2021. SU/16.09.2021 COURT OFFICER(O.S.) From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.