At, High Court of Judicature at Madras
By, THE HONOURABLE MR. JUSTICE C. SARAVANAN
For the Applicant: T. Mohan, Senior Counsel. For the Respondents: R1, Vijayan Subramanian, R2, Jose John for M/s. King & Patridge, R3, Rahul Balaji, Advocates.
(Prayer: This Original Application is filed under Order XIV Rule 8 of OS Rules r/w Section 9 of Arbitration and conciliation Act, 1996, to restrain the respondents from streaming the feature film or advertising, promoting, distributing and / or exercising any rights over the movie “Nenjam Marappathillai” without settling/paying the applicant company, the 1st respondent’s undertaken amount of Rs.81,34,846/- (Rupees Eighty One Lakhs Thirty Four Thousand Eight Hundred and Forty Six Only) along with interest at 12% per annum from 03.03.2021.)
1. Today when the case was taken up for hearing, the learned counsel for the applicant filed a memo to the effect that a net sum of Rs.62,50,000 (Rupees Sixty Two Lakhs Fifty Thousand Only) is payable by the 1st respondent to the applicant company, provided the aforesaid amount is paid on before 31.5.20 21to the applicant by the 1st respondent.
2. The learned counsel for the 2nd respondent has confirmed that the 2nd respondent has to pay a sum of Rs.75,00,000/- (less TDS) to the 1st respondent and agrees to pay the aforesaid sum directly to the applicant on before 31.5.2021.
3. The learned counsel for the 1st respondent proprietary concern confirms that the amount payable by the 2nd respondent to the 1st respondent is Rs.75,00,000/- (Rupees Seventy Five Lakhs Only) (less TDS) and that from the aforesaid an amount of Rs.75,00,000/- (Rupees Seventy Five Lakhs Only), a sum of Rs.62,50,000/- (Rupees Sixty Two Lakhs Fifty Thousand Only) may be directly paid to the applicant by the 2nd respondent on behalf of the 1st respondent in full and final settlement of all the dues.
4. Copies of the Memos filed by the counsel for the Applicant and the 2nd Respondent stand recorded and shall form annexures to this orders. Earlier by an order dated 04.03.2021 in O.A.No.125 of 2021, it was recorded as follows:
“Today, an affidavit has been filed by the 1st respondent stating that they have paid a sum of Rs.60,00,000/- by way of Demand Draft to the applicant and giving an undertaking to pay a sum of Rs.81,34,846/- on or before 31.07.2021 together with interest @12% per annum from 03.03.2021.
2. The learned counsel for the applicant would admit that the Demand Draft has been received by his client and that his client has no objection for releasing the movie “Nenjam Marapadille”.
3. This affidavit is taken on file and the interim orders of injunction granted on 02.03.2021 stands suspended in the light of the payment of money and its acceptance by the applicant.
The Original Application therefore stands disposed of on the above basis. Consequently, A.No.782 of 2021 has become infructuous.”
5. The applicant has agreed to receive an amount of Rs.62,50,000/- (Rupees Sixty Two Lakhs Fifty Thousand Only) in lieu of Rs.81,34,846/-, if the amount is paid on or before 31.05.2021.
6. In view of the above, the 2nd respondent is directed to pay a sum of Rs.62,50,500/- (Rupees Sixty Two Lakhs Fifty Thousand Five Hundred Only) to the credit of the applicant on or before 31.05.2021. Tax is to be deducted in the 1st respondent A/C. On such payment of Rs.62,50,500/- (Rupees Sixty Two Lakhs Fifty Thousand Five Hundred Only) all the inter se dispute and liability between the 1st respondent to the applicant shall stand extinguished / discharged.
7. The balance amount after deduction of tax shall be directly paid to the credit of the 1st applicant by the 2nd respondent. On such payment, all
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outstanding payment amount payable by the 2nd respondent to the 1st respondent under the agreement dated 17.09.2019 shall stand discharged. 8. The Independent rights of the 3rd respondent for showcasing the Tamil film ‘Enai Noki Payum Thotta’ the OTP shall not be disturbed. 9. The above applications and the original applications stand disposed in terms of the above order.