The Madras High Court on Friday permitted the Tamil Nadu Film Exhibitors Association to file the Memorandum of Compromise/Settlement with Raaj Kamal Film International (RKFI) relating to the Kamal Hassan-starrer Vishwaroopam before the Competition Commission of India (CCI) in New Delhi.
Disposing of two appeals of the association, Justice V.Ramasubramanian said the CCI may look into it in the context of the judgment and pass appropriate orders either rejecting the compromise or accepting the same with or without modifications upon the parties filing the memorandum. The Commission may bear in mind that in the light of the compromise any further proceedings would only be an exercise in futility. It should not be undergone just for completing formalities.
In January 2013, RKFI filed a complaint before the CCI alleging that by a resolution of December 2012, the Tamil Nadu Theatre Owners Association decided to ban the screening of films which were released via DTH. RKFI contended that the resolution would tantamount to an anti-competitive practice.
The Commission ordered on January 16, 2013 that there existed a prima facie case requiring its investigation. Meanwhile, RKFI also faced opposition from a small group which managed to force the City Police to prohibit the exhibition of Vishwaroopam for public viewing. “However, after a series of dramatic twists and turns that were more interesting than even the film itself”, the Commissioner of Police revoked the ban order.
However, the Director-General of CCI issued a notice in April 2013 asking the appellant to furnish certain information and documents. Simultaneously, the appellant lodged a complaint with the Police Commissioner alleging that the complaint filed by RKFI before the CCI was based on forged documents, namely the alleged resolution.The association also filed two writ petitions, one challenging the January 16, 2013 order and the other for a direction to the Chennai Police to initiate action on the complaint.
