AVANIKA FILMS LLP Vs. ABHAY VERMA

JUDGEMENT

(1.) Heard Dr.Birendra Saraf, learned Senior Counsel and Advocate General along with Mr.Rashmin Khandekar and Mr.Anand Mohan i/b Mr.Vikramaditya Vijay Chavan for the Applicant/Plaintiff and learned counsel Mr.Rohan Caama along with Mr.Sunil Zalmi i/b De Zalmi and Associates for the Respondent/Defendant.

(2.) Instant Interim Application, filed by the plaintiff, seeks enforcement of a negative covenant contained in the Artist Agreement dtd. 15/06/2025 for restraining the Defendant from engaging himself in any services similar to the services under the Agreement in relation to any other feature film, programme, play, television series, film etc. for any other person during the shooting schedule mentioned in the Agreement for the period from 05/09/2025 to 20/11/2025.

(3.) The Interim Application for injunction is moved in the Commercial Suit filed by the Plaintiff, seeking permanent injunction with respect to the negative covenant contained in Clause 2.2.2 of the Agreement dtd. 15/06/2025 alongwith a declaration of termination of the Agreement being null and void, unlawful, non est and bad in law. The Plaintiff has also prayed for damages/compensation in a sum of INR Rs.12,00,00,000.00 (Indian Rupees Twelve Crores only) with interest at the rate of 18% against the Defendant.