IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF DECEMBER, 2017 BEFORE THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR Miscellaneous First Appeal No.9454 OF 2017 (CPC) BETWEEN 1. M/S. Suresh Films A Registered Partnership Firm Having its office at No. 245, 10th Main, 5th Cross, NGEF Layout, Nagarabhavi, Bengaluru-560072.
Represented by K.A.Suresh.
2. Sri. K.A.Suresh, S/o. Appaiah, Aged about 41 years, Residing at No. C-402, Sterling Terrace, 100 feet Ring Road, Banashankari III Stage, Bengaluru-560085.
3. M/s Suresh Arts, Proprietary Concern of Sri. K.A.Suresh, No. C-402, Sterling Terrace, 100 feet Ring Road, Banashankari III stage, Bengaluru-560085. …Appellants (By Sri. Ashok Haranahalli, Sr. Counsel for Sri. Subramanya R, Advocate) AND Dr. N.Lakshmipathy Babu, S/o. R.Narasimhaiah, Aged about 63 years, Residing at No.242, 1st Cross, III Block, Banashankari III Stage, Bengaluru-560085. …Respondent (By Sri. Nataraj R., Advocate) This MFA filed under Order XLI Rule 1(r) of the CPC, against the order dated 07.12.2017 passed on I.A. in O.S.No.7374/2017 on the file of the XLI Additional City Civil Judge at Bangalore (CCH-22), allowing the I.A. filed under Order XXXIX Rule 1 and 2 R/w Section 151 of CPC.
This MFA coming on for Admission, this day, the Court delivered the following:
JUDGMENT Having heard the appellants’ counsel and the respondent’s counsel, I think that the order of injunction granted by the trial court in O.S.No.7374/2017 requires some modification. The plaintiff claims that the film captioned as “Raju Life” is produced under the banner of Suresh Films, a partnership firm consisting of the plaintiff and the 2nd defendant as partner. But the 2nd defendant claims that the said film was produced by him under the banner Suresh Arts which is his proprietary concern. The suit is for declaration that the Kannada motion picture “Raju Kannada Medium” staring Ms. Avantika Shetty, Mr. Gurunandan and directed by Mr. Naresh Kumar is the absolute property of the 1st defendant firm M/s. Suresh Films and also for permanent injunction. The plaintiff claims to have made an investment of Rs.67,00,000/- for the production of the film and the 2nd defendant claims that nearly an amount of Rs.7 Crores has been spent for the production. Under whose banner the said film was produced is a matter to be decided by the trial court after recording the evidence. Anyway, the plaintiff and the 2nd defendant are interested in release of the film. Infact by reading the impugned order it can be seen that there is absolutely no prohibition for the release for the said film. What is said is that it should not be released in the theaters except under the banner of Suresh Films.
2. Though the learned counsel for the respondent submits that the respondent has spent more than Rs. One Crore for production, but except to the extent of Rs.67,00,000/- there are no documents. So who has met the remaining amount is also a matter that may arise for decision by the trial court. The plaintiff has monetary interest only. The film is ready for the release and therefore under these circumstances, I am of the opinion that if the impugned order is modified as under, the interest of the plaintiff and the 2nd defendant is protected.
i. The 2nd defendant is permitted to release the film under his banner, Suresh Arts.
ii. The 2nd defendant shall furnish clear accounts for the entire collection made by screening the film at various places and in other media.
iii. The entire collection shall be deposited in a separate bank account which shall be opened by the 2nd defendant.
iv. The 2nd defendant may withdraw the amount from the bank account for making payment to his creditors or to whomsoever the payment is due in connection with production of the film, but subject to permission of the trial court by furnishing the details of those to whom payment is to be made.
v. The 2nd defendant shall furnish bank guarantee for Rs.1,00,00,000/- to ensure the interest of the plaintiff in case he succeeds in the suit.
With these observations, the appeal stands disposed of.
Sd/-
JUDGE sd