The Madras High Court has granted an injunction for six weeks restraining Ekaveera Creations, Cinema Paradise and Prasad Film Laboratories (respondents), here from releasing the Vijay-Asin starrer ‘Kaavalan.'
Justice S.Rajeswaran passed the interim order on an application by Tantra Incorporated Pte Ltd, represented by its authorised signatory, J.C.Jerome, Singapore. The company prayed for an interim injunction to restrain the respondents from releasing the film without giving delivery of the prints under an agreement to the applicant for export, five days prior to the date of general release of the film on payment of the balance consideration. The Judge also granted an interim injunction restraining the respondents from interfering with the applicant's copyright for the distribution, exhibition and exploitation of the film.
In the order, Mr.Justice Rajeswaran said that on September 29 this year there was an agreement between the company and Ekaveera Creations (EC), under which the copyright of distribution, exhibition and exploitation of the film for the entire world, except India, for a perpetual period for a total consideration of Rs.5.50 crore. It was also agreed between the parties that EC should not sell or assign the rights without the company's knowledge to anyone. As per the schedule of payment, the applicant had already paid Rs.1.50 crore. A letter was also given in confirmation of the rights. While so, the correspondence showed that the applicant had been repeatedly representing to EC to disclose the details regarding the rights assigned to Cinema Paradise and to confirm the rights assigned to the applicant. But without responding to the request, EC had sent a letter of November 18 threatening to cancel the agreement.
Counsel represented that without disclosing or confirming the applicant's rights and issuing the letter to the laboratory, EC was acting against the applicant's interests contrary to the agreement. The Judge said he was satisfied that prima facie a case had been made out by the applicant for grant of injunction as prayed for.
