Aaranya Cine Combines v. Cosmos Entertainment
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.05.2025 CORAM :
THE HONOURABLE MR. JUSTICE G.R.SWAMINATHAN and C.M.P.Nos.12181 and 12183 of 2025 Aaranya Cine Combines Represented by its Proprietor Mrs.R.Madhumathi carrying on business at Plot No.A12, Srinivasa Arcade No.1/2, Arunachalam Road Saligramam, Chennai 600 093 ... Petitioner Vs.
1.Cosmos Entertainment Represented by its Proprietor Mr.J.Phanindra Kumar Having office at New No.5, Plot No.3 Easwari Chinni Dale Vidyodhaya Main Road T.Nagar, Chennai 600 017 2.Tamil Film Producers Council Represented by its Secretary Film Chamber Compound, 4th Floor No.606, Anna Salai Chennai 600 006
3.Qube Cinema No.42, Dr.Ranga Road Mylapore, Chennai 600 004 4.Gemini Industries and Imaging Pvt. Ltd Represented by its Authorised Signatory Laboratory Department No.28, New Bangaru Colony West, K.K.Nagar, Chennai 600 078 5.UFO Digital Cinema No.178, 3 & 4 Kumaran Colony Main Road Kumaran Colony Vadapalani Chennai 600 026 6.PXD Prasad Extreme Digital Cinema Network Pvt. Ltd. No.28, Arunachalam Road Saligramam Chennai 600 093 ... Respondents Prayer: Petition filed under Order 43 Rule 1 of the Civil Procedure Code, to set aside the order dated 28.04.2025 passed in C.O.S.SR.No.396 of 2025 by the Principal Commercial Court at Egmore, Chennai. For Petitioner : Mr.S.John Josh For Respondents : Mr.Sharath Chandran - R1
ORDER
Heard both sides. The petitioner filed a suit before the
Commercial Court for recovery of a sum of Rs.36,70,032/- with interest. The plaint was returned by the Court below on the ground that the statutory mandate set out in Section 12 A of the Commercial Courts Act, was not fulfilled. Challenging the said order dated 28.04.2025, this Civil Miscellaneous Appeal came to be filed.
2.The respondents herein were put on notice. Mr.Sharath Chandran, learned counsel appearing for the contesting respondent submits that the movie is proposed to be released only on 20.06.2025. I am therefore of the view that there is no urgency as of now. 3.In view of the submission made by the learned counsel for the contesting respondent, I am of the view that the view of the Court below that the plaintiff is not entitled to seek exemption from Section 12 A of the Act is sustainable. The order impugned in this appeal is sustained. The parties are referred to Mediation. The appellant as well as the contesting respondent shall appear before the Mediation Centre annexed to this Court on 30.05.2025 at 10.30 a.m. The process of Mediation shall be undergone. I hope that the mediation efforts are fruitful. In the event
of failure, the appellant / plaintiff is at liberty to re-present the plaint on 10.06.2025. If the papers are otherwise in order the same shall be immediately numbered and taken on file by the Court below. 4.With the aforesaid direction to the parties as well as the Court below, the Civil Miscellaneous Appeal is disposed of. No costs. Consequently, connected miscellaneous petitions are closed. 23.05.2025 kas Index: Yes / No To.
1.The Principal Commercial Court Egmore, Chennai.
+ 2.The Mediation and Conciliation Centre High Court of Madras Chennai 600 104.
G.R.SWAMINATHAN, J.
kas and C.M.P.Nos.12181 and 12183 of 2025 23.05.2025