P A SHANMUGHAM, PROPRIETOR, CIRUSSTI Vs. S K KRISHNAKANTH, PROPRIETOR, INDIAN THEATRE PRODUCTION; A N SUBBIAH; VINITHA ASSOCIATES LIMITED, DIRECTOR R SUMERCHAND BAFNA; GEMINI COLOUR LABORATORY, GEMINI INDUSTRIES AND IMAGING LTD

JUDGEMENT

(1.) Application No. 2067/2007 is preferred by the applicant/plaintiff seeking an order of attachment restraining the 4th respondent/garnishee from parting with the prints of the picture of 'Solly Adippen', pending disposal of the suit.

(2.) Application No. 192/2007 is filed seeking an order of interim injunction restraining the first respondent in any manner releasing the picture 'Solly Adippen'.

(3.) The applicant who is the plaintiff contends that he carries on business as Producer of Tamil films. Originally, the first respondent announced the commencement of production of 'Thavamai Thavamirundu', but due to some reasons he was unable to commence the production of the film and the applicant commenced production of the said film by releasing the same on 3rd December 2005. The second and third respondents filed C.S. No. 970/2005 and CS. No. 993/2005 as against the first respondent claiming recovery of a sum of Rs. 10 lakhs in each suit. The second and third respondents also moved necessary application seeking to restrain the applicant from releasing the picture c Thavamirundu'. The first respondent in his counter affidavit filed therein contended that the 3rd respondent created blank stamp papers and pro-notes at the time when he availed loan for the film 'Solly Adippen'. This Court directed the applicant to deposit a sum of Rs. 10 lakhs to the credit of each of those suits and the applicant complied with the said order. A sum of Rs. 20 lakhs has been deposited by the applicant to the credit of the aforesaid two suits filed by the second and third respondent against the first respondent. The first respondent has now announced release of the picture 'Solli Adlppen' on 23.2.2007 without releasing the applicant from the burden of deposit made by the applicant in the aforesaid two suits. Therefore, the applicant prays for a pro-order as against the fourth respondent and interim injunction as against the first respondent from releasing the film 'Solly Adippen'.