Ms Fuel Technologies International Private Limited Represented By Its Authorized Signator v. K E Gnanavelraja Proprietor Of Ms Aadnah Arts
ABDUL QUDDHOSE, J.
Pursuant to the order passed by this Court on 12.11.2024, the learned counsel for the respondents/defendants has produced before this Court two demand drafts, both drawn on Canara Bank dated 12.11.2024, bearing Nos.149581 & 149582, favouring the Registrar General of this Court, for a total sum of Rs.1,60,00,000/-.
2. This Court, by its order dated 12.11.2024 in O.A.No.857 of 2024 and A.No.5835 of 2024 in C.S.(Comm.Div.) No.225 of 2024, directed the respondents/defendants to take an interest bearing Fixed Deposit from any scheduled bank favouring the Registrar General of this Court for a sum of Rs.1,60,00,000/- to the credit of the suit in C.S.(Comm.Div.) No.225 of 2024 before the release of the subject film namely 'Kanguva' and a direction was also given to handover the Fixed Deposit's receipt to the Registrar General of this Court and on receipt of the same by the Registrar General, the respondents/defendants were permitted to release the subject film 'Kanguva', which is scheduled to be released on 14.11.2024. 1/5
3. However, the learned counsel for the respondents/defendants would submit that instead of taking the Fixed Deposit, the respondents/defendants have taken Demand Drafts for a total sum of Rs.1,60,00,000/-, as stated supra.
4. Since the original Demand Drafts for a sum of Rs.1,60,00,000/- have been produced by the learned counsel for the respondents/defendants to secure the payment of Rs.1,60,00,000/-, this Court is of the considered view that even though Fixed Deposit has not been taken and in lieu thereof, Demand Drafts have been taken, the order dated 12.11.2024 passed by this Court has been complied with.
5. The learned counsel for the applicant/plaintiff has also stated no objection if the Demand Drafts produced by the respondents/defendants are accepted by this Court in lieu of the Fixed Deposit.
6. The Registry is directed to deposit the Demand Drafts produced by the learned counsel for the respondents/defendants for a total sum of Rs.1,60,00,000/-, as stated supra, in the bank account of the Registrar General of this Court and on realization of the same, is directed to take an interest 2/5
bearing Fixed Deposit in Indian Bank, High Court Branch, for a sum of Rs.1,60,00,000/-, within a period of one (1) week from the date of realization of the Demand Drafts and the said interest bearing Fixed Deposit shall be initially taken for a period of one year, which shall be periodically renewed for a further period by the Registrar General of this Court.
7. Since the order passed by this Court dated 12.11.2024 has been complied with by the respondents/defendants, the learned counsel for the applicant/plaintiff would now submit, on instructions, that the applications can be disposed of, after recording the fact that the order dated 12.11.2024 passed by this Court has been complied with by the respondents/defendants. The learned counsel for the respondents/defendants is also agreeable to the submission made by the learned counsel for the applicant/plaintiff.
8. Accordingly, this Court, after recording the fact that the order dated 12.11.2024 passed by this Court, has been complied with by the respondents/defendants, O.A.No.857 of 2024 and A.No.5835 of 2024 in C.S.(Comm.Div.) No.225 of 2024, are disposed of. In view of the compliance of the order dated 12.11.2024 by the respondents/defendants, the 3/5
respondents/defendants are permitted to release the subject film 'Kanguva', insofar as the present dispute is concerned.
9. The learned counsel for the plaintiff is directed to serve suit summons on the learned counsel for the defendants, to enable the defendants to file the written statements.
10. Post the matter for filing written statement on 11.12.2024. 13.11.2024 Sni Note: Registry is directed to handover the Demand Drafts to the Registrar General of this Court by today itself.
2.Issue Order Copy Today (i.e. on 13.11.2024) 4/5
ABDUL QUDDHOSE, J.
Sni 13.11.2024 5/5