Mr.K Punniyamoorthy S/O.G.Kannan And Another v. M/S Photon Kathaas Production Private Limited And 6 Others
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION) FRIDAY, THE 16TH DAY OF OCTOBER 2020 THE HON'BLE MS. JUSTICE P.T.ASHA O.A.No.519 of 2020 AND A.Nos.2452 and 2454 of 2020 In the matter of Section 9 of Arbitration and Conciliation Act, 1996 and In the matter of Production Investment Agreement dated 31.10.2015.
In the matter of Mr.K.Punniyamoorthy and another with M/s.Photon Kathaas Production Private Limited, Represented by Mr.S.Venkataramanan and another.
1. MR.K PUNNIYAMOORTHY, S/O.G.KANNAN, aged about 41 years, Residing at 5B, Riverheights Apartments, 315, Valluvar Kottam High Road, Nungambakkam, Chennai - 600 034.
2. Mr.D.K.Divyakannan, S/o.Desingharajan, residing at No.5B, Riverheights Apartments, 315, Valluvar Kottam High Road, Nungambakkam, Chennai - 600 034.
..Applicants in O.A.No.519 of 2020 AND A.Nos.2452 and 2454 of 2020
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2. Mr.Gautham Vasudev Menon S/o.Uma Prabhakar Menon, No. 61/3, Gandhi Street, Kanagama, Taramani, Chennai - 600 113.
..Respondents
3. M/S.MX PLAYER Having its Registered office at:
2nd Floor, Wing A, Kanakia Wall Street, Village Chakala, Andheri Kural Road, Andheri East, Mumbai - 400 093.
4. M/S.AMAZON INDIA Having its Registered office at Brigade Gateway, 8th Floor, No.26/1, Dr.Rajkumar Road, Malleshwaram (W) Bangalore-560 055, Karnakata.
5. M/S.SONY PICTURES NETWORKS INDIA PVT LTD Having its Registered Office at 4th Floor, Interface Building, No.7, Off Malad Link Road, Malad West, Mumbai-400 064.
6. M/S.VELS FILM INTERNATIONAL LIMITED Having its Registered office at No.521/2, Anna Salai, Nandanam, Chennai - 600 035.
/ 3 / 7 .M/S.NETFLIX ENTERTAINMENT SERVICES INDIA LLP Having its registered office at Maker Maxity, Level 7, 4th North Avenue, Bandra Kurla Complex, Bandra East Mumbai, Mumbai - 400 051.
..3rd to 7th Respondents / Garnishees in O.A.No.519 of 2020 AND A.Nos.2452 and 2454 of 2020 O.A.No.519 of 2020:
Original Application praying that this Hon'ble Court be pleased to grant an order of Interim Injunction restraining the 2nd Respondent from in any manner directing, producing, exploiting, making, acting, selling or offering to sell and exhibiting, releasing, assigning, transferring, alienating Pledging, granting, assigning, licensing, or in any other manner alienating or encumbering any movie or web-series or short films in any form, royalty and obtaining financial benefit in any form including releasing it in any OTT Platform like Youtube, Netflix, amazon Prime, Hotstar, Time Studio Originals, ALTBalaji, Azeez 5, Voot, SonyLIV, VIC, Hoichoi etc inclusive of theatrical and Satellite Television Broadcast rights, Direct to Home Broadcast, Direct Satellite Service, Terrestrial Television Broadcast and all other rights connected therewith including exhibiting the titles by means of wireless diffusion and by wire for communication to public through all medium including television medium pending disposal of the arbitral proceedings.
/ 4 / A.No.2452 of 2020:
Application praying that this Hon'ble Court be pleased to direct the 2nd respondent to submit Agreements, Documents and the Accounts and Income earned out of all short - films and web-series (both direction and production) from 2016 to till date before this Hon'ble Court pending disposal of the Arbitration proceedings.
A.No.2454 of 2020:
Application praying that this Hon'ble Court be pleased to pass a Prohibitory Order against the garnishee including royalty restraining and prohibiting them from paying any amount to the tune of Rs.9,76,25,000/- (Rupees Nine Crores Seventy Six Lakhs and Twenty Five Thousand only) and direct the garnishee to deposit the said amount to the credit of this application and consequently restraining and prohibiting the respondent, its agents, representatives or authorized persons from receiving any amount from the garnishee until further orders of this Hon'ble Court pending disposal of the Arbitration proceedings.
These Original Application and applications coming on this day before this court for hearing the court made the following order: Considering the fact that the arbitral proceedings are pending
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Sd/.P.T.A.J.
16.10.2020 //Certified to be a true copy// Dated this the day of 2020. SU/22.10.2020 COURT OFFICER(O.S.) From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.