M/S. Impala Cinemas v. Mr John Max

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.04.2016

CORAM

THE HON'BLE MR. JUSTICE K.K.SASIDHARAN C.S.No.108 of 2016 and O.A.Nos.121 and 122 of 2016 1.M/s.Impala Cinemas, a Partnership firm, Represented by its Partner, Mr.S.Manivarma having office at No.28/59, North Avani Moola Veethi, Madurai -1.

2.Mr.S.Manivarma Partner Impala Cinemas having office at No.28/59, North Avani Moola Veethi, Madurai -1.

3.Mr.S.Karthikeyan Partner Impala Cinemas having office at No.28/59, North Avani Moola Veethi, Madurai -1.

....Plaintiffs vs 1.Mr.John Max Proprietor, Shalom Studios Having office at No.T1 and T2 Land Marvel Apartment, Door No.10, 4th Floor, 100 Feet Road, Ashok Nagar, Chennai - 600 083.

2.Mr.Jaba Jones No.T1 and T2 Land Marvel Apartment, Door No.10, 4th Floor, 100 Feet Road, Ashok Nagar, Chennai - 600 083.

.... Defendants Civil Suit filed under Order IV Rule 1 of the Original Side Rules read with Order VII Rule 1 of CPC to pass the following judgment and decree:- a) directing the defendants, to pay a sum of Rs.49,00,000/- along with interest at 18% p.a. on Rs.49,00,000/- from the date of plaint to till the date of realization.

b) Permanent injunction restraining the defendants, their men, agents, representatives or anybody on behalf of the defendants from releasing the movie 'SOWCARPETTAI' starring Mr.Srikanth, Lakshmi Rai, etc., directed by Mr.V.C.Vadivudaiyan in theaters for the area of entire Tamil Nadu, Pondicherry, Nellore and Chittoor Districts as normally known in film trade either on 4/3/2016 or any other date without settling the dues of the plaintiffs;

c) for the costs of the suit and d) for such other reliefs as this Hon'ble Court may deem fit to pass.

For Plaintiffs : Mr.K.V.Sundararajan

J U D G M E N T

The learned counsel for the plaintiffs made an endorsement indicating that he is withdrawing the suit with liberty to file a fresh suit.

2. In view of the endorsement so made, the Civil Suit is dismissed as withdrawn with liberty. However, I make it clear that the liberty granted by this Court should not be construed as acknowledgment of the right of the plaintiffs to file the suit. No costs. Consequently, connected original applications are closed.

sd/.K.K.S.J 18.04.2016 //Certified to be a true copy// Dated this the day of 2016 S.s/28.07.2016 COURT OFFICER From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.