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Court News from Madras High Court

IN THE HIGH COURT OF JUDICATURE AT MADRAS (Ordinary Original Civil Jurisdiction)                     O.A.No.    Applicant/Plaintiff   -: Versus:- 1.   Mr.Udhayanidhi Stalin, 25/9, Chittaranjan Road,  Alwarpet, Chennai – 600 018. Also at :- No.31, Kurinji Illam,  P.S.Kumarasamy Raja Salai,  Greenways Road, Chennai – 600 028. M/s.Red Giant Movies (Now known as) M/s.Red Giant Movies Private Ltd, Rep.by its Director,      of 2023 in                              C.S. No.   of 2023 Mr.Ramasaravanan,  Proprietor, M/s. OST Films,  No.S-1, Kurien Complex,  No.19, Railway Colony 1st Street,  Nelson Manickam Road,  Aminjikarai, Chennai-600 029.                                               …  Applicant/Plaintiff   -: Versus:- 1.   Mr.Udhayanidhi Stalin, 25/9, Chittaranjan Road,  Alwarpet, Chennai – 600 018.

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

(Ordinary Original Civil Jurisdiction)

 

O.A.No.           of 2023

in

C.S. No.   of 2023

Mr.Ramasaravanan,

Proprietor, M/s. OST Films,

No.S-1, Kurien Complex,

No.19, Railway Colony 1st Street,

Nelson Manickam Road,

Aminjikarai, Chennai-600 029.                                               …  Applicant/Plaintiff

 

-: Versus:- 1.   Mr.Udhayanidhi Stalin, 25/9, Chittaranjan Road,  Alwarpet, Chennai – 600 018.

 

Also at :-

No.31, Kurinji Illam,

P.S.Kumarasamy Raja Salai,

Greenways Road, Chennai – 600 028.

 

  1. M/s.Red Giant Movies

(Now known as)

M/s.Red Giant Movies Private Ltd,

Rep.by its Director,

Mr.Raja Shankar Arjun Durai,

No.180,Murasoli Atchagam,

Kodambakkam High Road,

Nungambakkam, Chennai – 600 034.            … Respondents/ Defendants

 

AFFIDAVIT OF Mr.RAMASARAVANAN

I, Ramasaravanan, son of MrA.Ramamurthy, Hindu, aged about 48 years, having my office at No.S-1, Kurien Complex, No.19,

Railway Colony 1st Street,  Nelson Manickam Road,  Aminjikarai, Chennai-600 029, do hereby solemnly affirm and sincerely state as follows :-

 

  1. I am the Proprietor of the Applicant herein and the Plaintiff in the above suit and as such I am well acquainted with the facts and circumstances of this case.

 

  1. The Applicant submits that the applicant has filed the above suit praying for (a) for a Permanent injunction restraining the Respondents/Defendants, his men, agents, servants, etc., from releasing the film titled as “Mamannan” without completing the shooting schedule and dubbing of the film titled as “Angel” as agreed by the 1st defendant, through theatres or in any other platform like OTT, etc., and other electronic medias; (b) for a Mandatory injunction directing the 1st defendant to complete the shooting schedule and dubbing of the film titled as “Angel” as agreed by the 1st defendant; or in the alternate (c) direct the 1st Respondent/Defendant to pay a sum of Rs.25.00 Crores towards compensation for the loss incurred by the Plaintiff in view of the non-performance and refusal for completing the shooting schedule and dubbing of the film titled as “Angel” so as to enable the Plaintiff to release the said film and for other reliefs.

 

  1. I crave leave of this Hon’ble Court to refer the Plaint averments as part and parcel of this my affidavit

 

  1. The Applicant/Plaintiff is carrying on business in film production and produced various Tamil Cinematographic films and established a well-known banner and very good reputation in the film industry. During the course of his business the Applicant/Plaintiffventured into the production of a new film titled as “Angel” starring Mr.Udhayanidhi Stalin

(1stRespondent/Defendant) as lead Hero with two heroines namely

Ms.Anandhi and Ms.Payal Rajput and other actors  such as Yogi

Babu,     etc.,              music                by       Mr.D.Iman               and           directed                by

Mr.K.S.Adhiyaman.  The Applicant/Plaintiff entered into an agreement with the Director Mr.K.S.Adhiyaman on 24.07.2018 for directing the said film “Angel”. The Applicant/Plaintiff has registered the title of the film namely “Angel” with the Tamil Film Producers’ Council and also entered into a Lab Agreement on

12.07.2018 with Gemini Digital Lab, Chennai.

 

  1. The Applicant/Plaintiff further submits that the Applicant/Plaintiff had engaged the 1stRespondent/Defendant by way of an oral agreement as Lead Hero in the said film titled as “Angel” and the 1stRespondent/Defendant agreed by way of implied contract to complete the entire shooting of the film titled as “Angel” by providing 70 (Seventy) days of his call sheet during the year 2018-19. The total remuneration for the performance of the 1stRespondent/Defendant to act as lead Hero in the film titled as “Angel” was agreed as Rs.1.25 Crores and the Applicant/Plaintiff had paid a sum of Rs.30.00 Lakhs towards advance for the performance of the 1stRespondent/Defendant to act as the Lead Hero in the said film titled as “Angel” for completing the shooting schedule and dubbing.

 

  1. The Applicant/Plaintiff submits that the shooting of the film commenced with the pooja in the year 2018 and shooting were scheduled from 16.07.2018 and the 1stRespondent/Defendant has acted in the said film as lead hero by participating in the shooting at Semmozhi Poonga, Thamarai Studio, SRM College, Beach House Covelong and Kanathur, Aminjikarai Hospital and T.D.Hospital at

Tiruvallur                   for              about                   24               days.                                Similarly,                  the

1stRespondent/Defendant has also participated in the shooting scheduled at the foreign location in Fiji for about 38 days and almost completed 80% of the shooting. The Applicant/Plaintiff further submits that the balance 8 (eight) more days of shooting is sufficient to complete the said film.

 

  1. The Applicant/Plaintiff submits that in view of the commitment and allotment of call sheet, the Applicant/Plaintiff had arranged pre-production work as well as the shooting by engaging the technicians and artists and invested huge sums of money to the tune of approximately Rs.13.00 Crores and completed almost 80% of the production work of the film titled as “Angel”.

 

  1. The Applicant/Plaintiff further submits that the announcement of the film titled as “Angel” and the growth of the shooting was reported and published on various occasions in newspapers as well as in the magazines and the Internet media. The General public were eagerly waiting for the release of the said film “Angel” since the 1stRespondent/Defendant has got a very good platform in the Tamil Film Industry.  After the commitment given by the 1stRespondent/Defendant to complete the movie titled as “Angel” produced by the Applicant/Plaintiff, the 1stRespondent/Defendanthave also entered into an Agreement to act as lead Hero in a subsequent film namely “Mamannan” which is produced by the Production company, the

1stRespondent/Defendant.

 

  1. The Applicant/Plaintiff further submits that since the 1stRespondent/Defendant has not given his call sheet for the remaining 8 days to complete the balance 20% of the shooting of the film “Angel”, the Applicant/Plaintiff was waiting and in view of the subsequent pandemic Corona threat, the shooting was delayed. During the election in the year 2021, the 1stRespondent/Defendant had contested for the Tamil Nadu

Legislative Assembly as a “Member of Legislative Assembly” in

Chepauk Constituency.                                       After                  the          election,                  the

1stRespondent/Defendant                 has            started           dodging                  the

Applicant/Plaintiff without giving any reply or providing call sheet to complete the said film “Angel”.  However, it was reported in the magazine that after the 1stRespondent/Defendant became the Minister for Youth Welfare and Sports Development of Tamil Nadu, the 1stRespondent/Defendant had given an interview that “Mamannan” would be the last film the 1stRespondent/Defendant would act before assuming charge as the post of the Minister.  However, the 1stRespondent/Defendant has repeatedly assured and promised the Applicant/Plaintiff that before the movie “Mamannan”, the 1stRespondent/Defendant will complete the movie titled as “Angel” and declared to the media during his interviews that the said film would be released before “Mamannan”.  It is also relevant to note that the

1stRespondent/Defendant has repeatedly assured    the Applicant/Plaintiff that the 1stRespondent/Defendant will complete the entire shooting schedule and post production work such as dubbing so as to enable the Applicant/Plaintiff to complete and release the said film titled as “Angel” before the release of the film titled as “Mamannan”.  However, in spite of the repeated requests made by the Applicant/Plaintiff, the

1stRespondent/Defendant has failed and neglected to give call sheet to the Applicant/Plaintiff so as to enable the Applicant/Plaintiff to release the film titled as “Angel” as scheduled.

 

  1. The Applicant/Plaintiff submits that the Applicant/Plaintiff was totally avoided by the 1stRespondent/Defendant and the 1stRespondent/Defendant has not given any appointment to meet the 1stRespondent/Defendant in person to explain the difficulties and therefore the Applicant/Plaintiff had tweeted on various occasions in the 1stRespondent/Defendant’s twitter account and requested him to complete the shooting schedule to enable the Applicant/Plaintiff to release the film titled as “Angel”. In spite of the repeated requests and reminders made by the

Applicant/Plaintiff, the 1stRespondent/Defendant has failed and neglected to perform as agreed to complete the said film titled as “Angel”, on the other hand against the assurances and promises made by the 1stRespondent/Defendant that before the release of the film “Mamannan”, the 1stRespondent/Defendant will complete the film titled as “Angel”, the 1stRespondent/Defendant had completed the movie titled as “Mamannan” and the same is now ready to release and the audio launch function was held on

01.06.2023.  The Applicant/Plaintiff is totally shocked and surprised that the 1stRespondent/Defendant has breached his commitment to complete the film “Angel” before the release of the film titled as “Mamannan” and the same clearly shows that the 1stRespondent/Defendantdoes not have the intention to complete the shooting of the film titled as “Angel” and leave the Applicant/Plaintiff in lurch.

 

  1. The Applicant/Plaintiff further submits that the 1stRespondent/Defendant is a part of the Ministry of Tamil Nadu as a Minister for Youth Welfare and Sports Development and the Applicant/Plaintiff had been waiting so long with the belief that the 1stRespondent/Defendant will honour his commitment by completing the shooting schedule and enable the

Applicant/Plaintiff to release the film “Angel” before the release of the movie “Mamannan”.  Further, the Applicant/Plaintiff submits that the film “Mamannan” is produced by the

1stRespondent/Defendant through his production company namely the 2ndRespondent/Defendant, therefore with ulterior motive, the 1stRespondent/Defendant have neglected to complete the film produced by the Applicant/Plaintiff and attempted to release the film titled as “Mamannan” and thereby causing great prejudice and irreparable loss to the Applicant/Plaintiff.  The Applicant/Plaintiff therefore submits that it is the 1stRespondent/Defendant’s bounden duty to complete the balance 20% shooting of the film titled as “Angel” so as to enable the Applicant/Plaintiff to release the same on the scheduled date.  In view of the delay and non-performance on the part of the 1stRespondent/Defendant, the Applicant/Plaintiff had already incurred huge expenditure approximately to the tune of Rs.13.00 Crores and further the Applicant/Plaintiff’s expected loss of profit is approximately Rs.12.00 Crores.

 

  1. The Plaintiff    further   submits         that         the

1stRespondent/Defendant had time and again repeatedly assured and promised that he will not release the movie “Mamannan” without completing the shooting schedule and dubbing so as to enable the Plaintiff to release the film titled as “Angel”.  It is also relevant to note that the film titled as “Mamannan” being the film produced by the 1stRespondent/Defendant who is a part of the 2ndRespondent/Defendant had vindictively completed the film “Mamannan” before the film titled as “Angel” produced by the Plaintiff and announced the date of release of the movie “Mamannan” on 29.06.2023.  If the movie titled as “Mamannan” is released without completing the shooting schedule of the film “Angel” as agreed by the 1stRespondent/Defendant, the plaintiff would be put to untold suffering, irreparable loss.  Therefore, it is just and necessary to grant an Interim injunction restraining the Respondent/Defendants from in any manner whatsoever releasing the film titled as “Mamannan” without completing the shooting schedule and dubbing of the film titled as “Angel”.  If this Hon’ble Court does not grant an interim injunction as prayed for, the Applicant/Plaintiff would be put to irreparable loss, hardship and suffering.  On the other hand, no prejudice would be caused to the Respondents/Defendants.

 

  1. The Applicant/Plaintiff submits that it is also relevant to note that the 1st Respondent/Defendant is in breach of his repeated promises and assurances had refused to complete the shooting of the film titled as “Angel” and thereby caused huge loss and the Applicant/Plaintiff computed the expenses and losses to the tune of Rs.25.00 Crores and has filed the present suit for mandatory junction directing the 1st Respondent/Defendant to complete the shooting and dubbing of the film titled as “Angel” so as to enable the Applicant/Plaintiff to release the film or in the alternate direct the 1st respondent/defendant to pay compensation of Rs.25.00 Crores. Therefore, it is just and necessary to issue appropriate direction directing the 1st respondent/defendant to furnish security to the suit claim.  If this Hon’ble Court does not grant an order to furnish security as prayed for, the Applicant, would be put to irreparable loss, hardship and suffering.  On the other hand, no prejudice would be caused to the Respondents/Defendants.

 

  1. The Applicant/Plaintiff therefore prays that this Hon’ble

Court be pleased to :-

 

  • grant an “INTERIM INJUNCTION” restraining the Respondent/Defendants from in any manner whatsoever from releasing the film titled as “Mamannan” without completing the shooting schedule and dubbing of the film titled as “Angel”, pending disposal of the above suit ;

 

  • grant an INTERIM MANDATORY INJUNCTION directing the

1st Respondent/Defendant to complete the shooting and dubbing

 

of the film titled as “Angel” so as to enable the Applicant/Plaintiff to release the film;

 

  • direct the 1st respondent/defendant to furnish security to the suit claim of Rs.25.00 Crores, pending disposal of the above suit;

And

 

  • pass such further or other order or orders as this Hon’ble Court may deem fit and necessary in the circumstances of the case and thus render justice.

 

Solemnly affirmed at Chennai

On this the 14th day of June 2023           BEFORE ME and signed his name in my  presence.

 

ADVOCATE :: CHENNAI

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