Chennai: The Madras high court has restrained A. Sargunam, director of Tamil film Kalavani 2, starring Vimal and Oviya, which is scheduled to be released on July 5, from releasing the movie.
Justice Pushpa Sathyanarayana granted the interim injunction on an application filed by J.Jayakumar, a film financier.
According to the applicant, he was a financier and co-producer of the film Kalavani 2. As per the film financing agreement between him and Sargunam, he was to fund a sum of `60 lakh amounting to 20 per cent of the picture’s overall budget.
Accordingly, he has also advanced aggregate sum of `67.38 lakh, which was the principal amount, in installments in the phased manner, which has also been acknowledged by the producer. As per Clause 2.1, the principal amount shall be repaid one week before the scheduled release of the movie or such other date required by the financier and Co-producer. It was also agreed that the producer shall have the right to negotiate and enter into agreements pertaining to sale, assignment, license any or all rights in the picture with any third party, only with the pre-approval by the financier and Co-producer, he added.
Senior counsel A.R.L.Sunderesan appearing for the applicant submitted that despite explicit clause set out in the agreement, the producer has fixed the date of release of the film on July 5. The release of the movie can be done only after the same has been sold to third party, namely distributor etc., and the amount advanced was repaid/returned. It was also agreed between the parties that without approval or consent of the applicant/Co-producer, the sale cannot be done. If the film was released on July 5, without paying back the amount advanced, the applicant would be put to serious prejudice and irreparable loss, he added.
The judge said, “Hence, prima facie case is made out and the balance of convenience is also in favour of the applicant. Accordingly, there shall be an order of an interim injunction restraining the respondent (Sargunam) from releasing, selling, exploiting, alienating, transferring, parting with the possession or ownership or any rights of, dealing with, disposing of, inducting any one into or developing or creating any third party right or interest of whatsoever nature in any manner whatsoever in respect of the film-Kalavani 2 starring Vimal and Oviya till July 10”.
Ordering notice to Sargunam, the judge posted to July 10, further hearing of the case.
