Film producer allowed to withdraw money deposited in court
The Madras High Court has permitted A.Chandrasekharan, proprietor, Sri Saravana Creations, Nungambakkam, to withdraw Rs.5 crore, deposited in the High Court for the release of the Hindi version of the Tamil film ‘Ghajini.’
Earlier, Mr.Chandrasekharan had filed a civil suit seeking to restrain Geetha Arts Division (GAD) of Allu Entertainment Pvt. Limited, Chennai, and A.R.Murugadoss from producing and releasing the Tamil picture ‘Ghajini’ in Hindi or any other language other than Telugu and to restrain them from interfering with his copyright for the Tamil film. By an order in December last year, a single Judge granted interim injunction restraining GAD from releasing the Hindi version.
On a challenge to the said order, a Division Bench suspended the single Judge’s order subject to the condition that GAD deposit Rs.5 crore to the credit of the appeals in the High Court. Accordingly, the sum was deposited and the film released.
Now, GAD approached the court for a direction to permit it to furnish bank guarantee in the place of the deposit. Mr.Chandrasekharan also filed an application seeking for a direction to permit him to withdraw the amount.
In its order, a Division Bench comprising Justices D.Murugesan and C.S.Karnan said the grant of interim order suspending the order of the single Judge was purely discretionary considering the facts of each case and by exercise of such power, the court had directed the deposit of Rs.5 crore.
As Mr.Chandrasekharan had already been armed with an order of injunction, which order of course was suspended subject to the condition of deposit of Rs.5 crore, in the Bench’s opinion, Mr.Chandrasekharan should be permitted to withdraw the amount by ensuring security of the amount. “We are forced to take the above view having regard to the fact that at least by virtue of the interim order, the appellant (GAD) had transacted nearly Rs.100 crore and on the other hand, the first respondent (Mr.Chandrasekharan), even though obtained an order of injunction, had to be content only with the suspension of the said order.”
The court was, therefore, bound to ensure the security of the amount in the event Mr.Chandrasekharan was allowed to withdraw the same.
The Bench said it was of the considered view that Mr.Chandrasekharan should be permitted to withdraw the amount subject to furnishing of bank guarantee in the name of the Registrar-General of the High Court to the credit of the appeals. The court allowed Mr.Chandrasekharan’s petition.
The Madras High Court has permitted A.Chandrasekharan, proprietor, Sri Saravana Creations, Nungambakkam, to withdraw Rs.5 crore, deposited in the High Court for the release of the Hindi version of the Tamil film ‘Ghajini.’
Earlier, Mr.Chandrasekharan had filed a civil suit seeking to restrain Geetha Arts Division (GAD) of Allu Entertainment Pvt. Limited, Chennai, and A.R.Murugadoss from producing and releasing the Tamil picture ‘Ghajini’ in Hindi or any other language other than Telugu and to restrain them from interfering with his copyright for the Tamil film. By an order in December last year, a single Judge granted interim injunction restraining GAD from releasing the Hindi version.
On a challenge to the said order, a Division Bench suspended the single Judge’s order subject to the condition that GAD deposit Rs.5 crore to the credit of the appeals in the High Court. Accordingly, the sum was deposited and the film released.
Now, GAD approached the court for a direction to permit it to furnish bank guarantee in the place of the deposit. Mr.Chandrasekharan also filed an application seeking for a direction to permit him to withdraw the amount.
In its order, a Division Bench comprising Justices D.Murugesan and C.S.Karnan said the grant of interim order suspending the order of the single Judge was purely discretionary considering the facts of each case and by exercise of such power, the court had directed the deposit of Rs.5 crore.
As Mr.Chandrasekharan had already been armed with an order of injunction, which order of course was suspended subject to the condition of deposit of Rs.5 crore, in the Bench’s opinion, Mr.Chandrasekharan should be permitted to withdraw the amount by ensuring security of the amount. “We are forced to take the above view having regard to the fact that at least by virtue of the interim order, the appellant (GAD) had transacted nearly Rs.100 crore and on the other hand, the first respondent (Mr.Chandrasekharan), even though obtained an order of injunction, had to be content only with the suspension of the said order.”
The court was, therefore, bound to ensure the security of the amount in the event Mr.Chandrasekharan was allowed to withdraw the same.
The Bench said it was of the considered view that Mr.Chandrasekharan should be permitted to withdraw the amount subject to furnishing of bank guarantee in the name of the Registrar-General of the High Court to the credit of the appeals. The court allowed Mr.Chandrasekharan’s petition.
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