Court disposed of a film release injunction application based on a recorded compromise settlement between parties involving monetary payment and property terms.
Original Application 621 of 2018 disposed of in terms of the Joint Compromise Memo; film release allowed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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O.A.No.621 of 2018
PUSHPA SATHYANARAYANA, J.
This original application is filed to grant an order of interim injunction restraining the respondents, his men, servants, agents, autho rized representatives, successors and any other persons authorized to act for and on its behalf from releasing the movie "Server Sundaram" with starcast: Santhanam, Vaibhavi Shandilya and others, Music by Santhosh Narayanan, Directed by Anand Balki.
the applicant, as they are only formal parties and also made endorsement to that effect today.
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" 1. The Applicant and the Respondent respectfully sub mits that the parties have amicably arrived at a settlement on mutually negotiated terms. Both the parties have entered into a Memorandum of Agreement dated 02.07.2019 (hereinafter referred to as MOA) on the said terms.
2. The Respondent agreed to settle the entire claims of the Applicant for a sum of Rs.3,03,00,000/- (Three Crores Three Lakhs Only). Both the parties mutually agree for the compromise on the following terms:
Terms and Conditions:
a) To pay the Applicant a sum of Rs.50,00,000/- (Rupees Fifty Lakhs only) which sum the respondent has paid the appli cant on this day by way of Demand Draft dated 27.05.2019 bearing number 100197, drawn on Kotak Mahindra Bank, K.K. Nagar Branch, Chennai to and in favor of he party of the FIRST PART, the receipt of which sum the Applicant there by admits and acknowledges.
b) To execute a General Power of Attorney in favour of the Party of the FIRST PART with respect to the property situat ed No.6/52,F2, Kings Enclave, Nehru Street, Avvai Nagar, Choolaimedu, Chennai 600 094 as a collateral towards settle ment of Rs.60,00,000/- (Rupees Sixty Lakhs only) and in fur therance to the same, the Applicant admits and acknowledges that the Respondent has already executed a General Power of Attorney dated 19-06-2019 with respect to the property situat ed at No.6/52,F2, Kings Enclave, Nehru Street, Avvai Nagar, Choolaimedu, Chennai 600 094 registered vide Document
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No.2335 of 2019 at SRO, Kodambakkam in favour of the Party of the FIRST PART. It is further confirmed by the Applicant that upon the payment of the sum of Rs.60,00,000/- (Rupees Sixty Lakhs only) by the Respondent with interest of 24%p.a. within 6 months from the date of this Joint Compromise Memo, the General Power of Attorney shall be revoked. It is further agreed by the Respondent that upon non-payment of the above mentioned sum of money, the Applicant becomes the absolute POWER HOLDER/AGENT of the above mentioned property as such he has all rights to alienate the property to any third par ties.
c. The Respondent has agreed to get clearance from Ab hishek Films represented by its Managing Director, Mr.Ramesh for the broadcasting rights in the film "ULKUTHU" before the re lease of the film ''SERVER SUNDARAM" towards the settlement of sum of Rs.25,00,000/- (Rupees Twenty Five Lakhs Only). If the Respondent is unable to obtain the clearance as mentioned herein then the Respondent agrees to pay to pay a sum of Rs.25,00,000/- (Rupees Twenty Five Lakhs) to the Applicant along with the payment mentioned in clause d below.
d. AND for the Balance amount a sum of Rs.1,68,00,000/(Rupees One Crore Sixty Eight Lakhs Only) The Respondent un dertakes and agrees to pay the sum of money along with in terest at 24% per annum calculated from the date of this Joint Compromise memo within 8 months from the date of this Joint Compromise memo. The Respondent confirms that if the Respondent fails to obtain the clearance for broadcasting Rights as mentioned in clause (c) above, then the Balance Amount as
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referred herein shall be reckoned as Rs.1,93,00,000/- (Rupees One Crore Ninety Three Lakhs Only) with applicable interest rate of 24% p.a. within 8 months from the date of this Joint Compromise memo.
e. It is agreed that if the Respondent fails to repay the Balance Amount of Rs.Rs.1,93,00,000/- (Rupees One Crore Ninety Three Lakhs only) along with interest at the rate of 24% p.a. as stated herein within 8 months from the date of this Joint Compromise memo, then the Respondent hereby agrees to transfer his Undivided share of 33.3% (one third share in the property) on the property situated at Northern Side of the Plot No.7/10(SP), Numbered as Plot No.7/10-B, Ambattur Industrial Estate, MTH Road, Chennai- 600 058 comprised in Survey No.408 to 413, 415, 417-421 and 424 of Ambattur Vil lage to and in favour of the Applicant.
f. This Joint Compromise memo shall supersede all previous negotiations, representations and agreements whether written or oral.
g. Based on the above arrangements the Applicant agrees to withdraw the pending application in O.A.No.621 of 2018 before the Hon'ble High Court and confirms No objection for the release of the film "Server Sundaram" by the Respon dent.
h. Both the Parties agree that any dispute, difference shall be resolved through a single member Arbitration in
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accordance with Arbitration and Conciliation Act, 1996 ap pointed by mutual consent and the venue shall be Chennai."
the respondents from releasing the movie "Server Sundaram" pending the arbitral proceedings. Now, the parties have agreed for compromise and
the applicant and the first respondent are also present before this Court
today.
Memo of compromise is recorded, which shall form part of the order and there shall be an order in terms of the compromise arrived at between the parties. Accordingly, the Original Application is disposed of in terms of the Joint Compromise Memo.
05.07.2019
vri
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PUSHPA SATHYANARAYANA, J.
VRI
O.A.No.621 of 2018
05.07.2019
Pushpa Sathyanarayana
First Respondent
Pushpa Sathyanarayana
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
