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2021 DAILYLAW 4136 (MAD)

SPM ARTS LLP v. CHAKRI CHIGURUPATI

OSA/161/2021 · 2026-06-30

K Govindarajan Thilakavadi, P Velmurugan

Transfer Petitionbody2021

Judgment text

Extracted from the PDF above. The PDF is authoritative.

O.S.A.No.161 of 2021 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 30.06.2026 Coram: THE HONOURABLE MR. JUSTICE P.VELMURUGAN and THE HONOURABLE MRS. JUSTICE K.GOVINDARAJAN THILAKAVADI O.S.A.No.161 of 2021 and C.M.P.No.7138 of 2021 SPM Arts LLP Represented by its Designated Partner Sanjay Kumar Lalwani Having its Office at No.66B Seeyalam, 1st Street, F1, 1st Floor, Villivakkam, Chennai – 600 049. ... Appellant Vs. 1. Chakri Chigurupati Proprietor, Sri Kanaka Durga Chalana Chitra Having Office at: No.8-3-973/1, Sri Durga Splendor, 1st Floor, Srinagar Colony, Hyderabad – 500 073. 2. B.Kumar Proprietor, Bangalore Kumar Films, Having Office at 7/8, T N Somanna Complex, 2nd Cross, Gandhi Nagar, Bangalore – 560 009. 1 / 5 https://www.mhc.tn.gov.in/judis O.S.A.No.161 of 2021 Also at: No.9/41, 57th Street, 10th Sector, K.K. Nagar, Chennai 600 078. 3. Mohandas Pai Proprietor Dheeraj Enterprises No.245, 5th Cross, 5th Block 3rd Phase, BSK 3rd Stage, Bangalore – 560 085. 4. Qube Cinema Technologies Pvt. Ltd., No.1034, Dr.Rajkumar Road, Rajajinagar 4th Block, Bangalore – 56 010. 5. Zee Entertainment Enterprises Limited Represented by its Director, Having Regional Office at No.39, 3rd Floor, United Mansions, MG Road, Bangalore – 560 001. 6. Aditya Music (India) Private Limited Represented by its Director, Having Registered Office at 3-5-1091/7, Venkateshwara Colony, Narayanaguda, Hyderabad, Telengana 500 029. ... Respondents Prayer: This Appeal is filed under Section 13(1) of the Commercial Courts Act, 2015 r/w Clause 15 of the Letters Patent to set aside the judgment and decree dated 15.03.2021 passed in O.A.No.53 of 2021 in C.S.(Comm.Div.) No.35 of 2021. For Appellant : Mr.B.Arvind Srevatsa For Respondents : Mr.S.Sivaraman for R1 M/s.V.Keerthana for R3 Mr.D.Prajeish for M/s.King & Patridge for R5 2 / 5 https://www.mhc.tn.gov.in/judis O.S.A.No.161 of 2021 No Appearance – R4 & R6 Mr.N.Alagappan for R2 (vakalat not filed) - No Appearance ******* JUDGMENT (Judgment of the Court was made by P.VELMURUGAN, J.) The appellant filed the suit in C.S.(Comm.Div.)No.35 of 2021 against the respondents for permanent injunction and for recovery of money. Pending the suit, the appellant/plaintiff filed two applications in O.A.No.53 of 2021 and A.No.331 of 2021 seeking interim injunction against the respondents/defendants not to release the future movie and directions to make payment, pending disposal of the above suit. 2 The learned Single Judge, vide common order dated 15.03.2021, dismissed both the applications, against which, the appellant filed two appeals in (1) O.S.A.No.160 of 2021 and (2) the present appeal in O.S.A.No.61 of 2021. 3 Today, when the matter is called for hearing, it is brought to the notice of this Court that the appeal in O.S.A.No.160 of 2021 has been closed by the Division Bench of this Court vide judgment dated 10.01.2023 observing that the alleged movie cam to be released both in theatres and in OTT (Over The Top). Making the above representation, the learned counsel for the appellant would further submit that in 3 / 5 https://www.mhc.tn.gov.in/judis O.S.A.No.161 of 2021 the suit also trial completed and posted for arguments and hence this appeal may also be dismissed as infructuous. 4 In view of the above submissions of the learned counsel for the appellant that the movie, for which the suit was filed, has already been released both in theatres and OTT and the judgment passed in O.S.A.No.160 of 2021, nothing survives in this appeal for further adjudication. 5 Therefore this appeal shall stand dismissed as infructuous. Consequently connected miscellaneous petition is also closed. No costs. However parties are at liberty to take all their defence/case before the trial Court in the pending suit. [P.V. J.,] [K.G.T. J.,] 30.06.2026 cgi 4 / 5 https://www.mhc.tn.gov.in/judis O.S.A.No.161 of 2021 P.VELMURUGAN. J. and K.GOVINDARAJAN THILAKAVADI, J. cgi O.S.A.No.161 of 2021 and C.M.P.No.7138 of 2021 30.06.2026 5 / 5 https://www.mhc.tn.gov.in/judis