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2025 DAILYLAW 13562 (MAD)

G Saravanan Proprietor v. MR.J.PARAMASIVAM AND ANOHTER

OA/32/2025 · 2025-01-23

Abdul Quddhose

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 23.01.2025 CORAM THE HONOURABLE MR JUSTICE ABDUL QUDDHOSE O.A. No.32 of 2025 in C.S. (Comm.Div.) No.15 of 2025 G.Saravanan .. Applicant vs J.Paramasivam and another .. Respondents ORDER The suit has been filed for declaration to declare that the applicant/plaintiff is the copyright holder of the Tamil film titled 'PADAI THALAIVAN'. 2.The applicant/plaintiff has also sought for a permanent injunction to restrain the respondents/defendants from releasing the said movie. 3.Pending suit, this application has been filed by the applicant/plaintiff seeking for an order of interim injunction to restrain the respondents/defendants from releasing the aforementioned film. 1/4 https://www.mhc.tn.gov.in/judis 4.The applicant/plaintiff claims that a sum of Rs.45,00,000/- was paid to the respondents/defendants towards grant of overseas rights in his favour in respect of the aforesaid film. According to the applicant/plaintiff, despite the same, without assigning the overseas right to the applicant/plaintiff, the respondents/defendants are attempting to release the movie in India, which would be detrimental to the interest of the applicant/plaintiff. 5.Learned Senior Counsel appearing for the first respondent/first defendant, on instructions would submit that the first respondent/first defendant is willing to deposit a sum of Rs.42,00,000/- to the credit of the suit on or before the release of the movie 'PADAI THALAIVAN', which is scheduled to be released on 30.01.2025. He would also submit that prior to the filing of the suit, the first respondent/first defendant has paid a sum of Rs.3,00,000/- to the applicant/ plaintiff, which has also been acknowledged by the learned counsel for the applicant/plaintiff, on instructions. 6.Since the suit claim of the applicant/plaintiff is secured through the payment of Rs.3,00,000/- made by the first respondent/first defendant as well as through the deposit to be made by the first respondent/first defendant for a sum 2/4 https://www.mhc.tn.gov.in/judis of Rs.42,00,000/- to the credit of the suit on or before the release of the subject movie, the injunction sought for in this application cannot be granted on this date. 7.Accordingly, this application is disposed of by directing the first respondent/first defendant to take a Fixed Deposit for a sum of Rs.42,00,000/- in any Nationalised Bank favouring the Registrar General of this Court to the credit of the suit C.S. (Comm.Div.) No.15 of 2025 for a period of one year which shall be renewed periodically until further orders of this Court on or before the release of the movie 'PADAI THALAIVAN' i.e. on or before 30.01.2025. 8.The presence of the learned counsel for the second respondent who is a formal party is recorded. 9.Learned Senior Counsel for the first respondent/first defendant would submit that the deposit is being made without prejudice to the rights of the first respondent/first defendant in the main suit. Post the matter 'for reporting compliance' on 29.01.2025. 23.01.2025 vga 3/4 https://www.mhc.tn.gov.in/judis ABDUL QUDDHOSE,J. vga O.A. No.32 of 2025 in C.S. (Comm.Div.) No.15 of 2025 23.01.2025 4/4 https://www.mhc.tn.gov.in/judis