M/S.Ysr Films Pvt. Ltd. v. M/S.Vansan Movies
IN THE HIGH COURT OF JUDICATURE AT MADRAS
D A T E D : 15.06.2022
CORAM
The Hon'ble Mr. Justice SENTHILKUMAR RAMAMOORTHY Civil Suit(Comm.Div) No.345 of 2020 M/s.YSR FILMS PRIVATE LIMITED.
Rep. by its Director Mr.Irfan Malik having office at No.20/10, Lake Area, 6th Cross Street, Nungambakkam, Chennai - 600 034. ... Plaintiff vs.
1.M/s.VANSAN MOVIES Rep. by Partner Mr.S.Sutharsan having their office at Flat No.4B, 2nd Floor, Plot No.10, 50 ft Main Road, MRK Nagar, Kolapakkam, Chennai - 600 048.
2.The Tamil Nadu Film Producers Council.
Rep. by Mrs.Manjula No.606, Anna Salai, Thousand Lights, Chennai - 600 006. ... Defendants Page No.1 of 5
Civil Suit is filed under Order IV Rule 1 of Original Side Rules read with Order VII Rule 1 of CPC Rules R/W Sections 55, 61 & 62 of the CopyRight Act,1957, praying for a permanent injunction restraining the first Defendant, their men, agents, distributors, associates, and/or assignees or any person claiming any rights from them with regard to the Plaintiff's film named ''MAAMANITHAN'' and for the costs of the suit. For Plaintiff : Mr.Vijayan Subramanian For Defendants : Mr.G.Veerapathiran for D-1
J U D G M E N T
The suit was filed for a permanent injunction restrain the first Defendant from claiming any rights in the feature film ''MAAMANITHAN''.
2. Pursuant to negotiations, the contesting parties concluded a settlement in the form of a joint compromise memo. On perusal, the joint compromise memo has been executed by the Plaintiff and the first Defendant. Mr.Sathak Nizar, Director, has executed the joint compromise memo on behalf of the Plaintiff. He is personally present in Court. As Page No.2 of 5
regards the first Defendant, Mr.R.Ramesh, authorized signatory, has executed the joint compromise memo. An authorisation letter dated 14.06.2022 executed by the Managing Partner of the first Defendant has been placed on record. Mr.R.Ramesh is also personally present in Court. Both parties have also submitted documents evidencing their identity.
3. On examining the joint compromise memo, it is evident that the first Defendant has agreed to receive a sum of Rs.5,50,00,000/-(Rupees five crores and fifty lakhs only) from the Plaintiff in full and final settlement. In Clause 2 of the memorandum of compromise, the first Defendant has instructed the Plaintiff to pay the sum of Rs.5,50,00,000/- to the persons indicated therein. On examining the terms of compromise, there is no legal impediment to the issuance of a decree in terms of the memorandum of compromise. It should also be noticed that the memorandum of compromise provides for the payment of a sum of Rs.80,00,000/- to Abirami Mega Mall Private Limited, which is the plaintiff in C.S.No.264 of 2020. Subject to receipt of the sum of Rs.80,00,000/-, Abirami Mega Mall Private Limited states that it has no objection to the release of the movie ''MAAMANITHAN''.
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4. Accordingly, C.S.(Comm.Div)No.345 of 2020 is decreed in terms of the joint memo of compromise dated 15.06.2022, which shall form an integral part thereof. In view of the agreement between the parties, there will be no order as to costs.
15.06.2022 Index : Yes Internet : Yes rrg Page No.4 of 5
SENTHILKUMAR RAMAMOORTHY, J rrg 15.06.2022 Page No.5 of 5