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IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NOS.3188-3190 OF 2009   (@SPECIAL LEAVE PETITION (CIVIL)NO.10234-10236 OF 2009)

M/S.GEETHA ARTS Appellant(s)

                       VERSUS            A.CHANDRASEKARAN & ORS. Respondent(s)

O R D E R

Application for exemption from filing O.T. granted.

Leave granted. Heard both sides.

2. The  appellant  herein  is  challenging  the   common  order  passed  in  

Miscellaneous Petitions i.e. 1 & 2 of 2009 in  O.S.A.442 of 2009 and Misc.Petition 1 of 2009  

in O.S.A.443 to 445 of 2008 by the Division Bench of the  High Court  of Judicature  at  

Madras. One of the Defendant is appellant before this Court.    There was a contract between  

the  appellant  and the  plaintiffs.  There  were  various disputes  regarding  the  nature  of  the  

contract.  The  appellant  wanted  to  release  the  film  “Gajini”  (Hindi  version)  which  was  

objected to by the respondents.     On 23.12.2008, an  interim injunction releasing   the  

picture   in   question   was   passed by the learned Single Judge on the Original Side of the  

High Court.  This order was challenged before the Division Bench of the High Court which,  

on 24.12.2008, suspended the order  of the   learned   Single  Judge  dated  23.12.2008  

subject   to

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the condition that  the appellant  should deposit  a  sum of Rs.5  crores  to the credit  of  the  

O.S.Appeals. It was brought to our notice that the said amount was deposited and the film has  

already been  released.   Thereafter,  applications  were  filed  for  direction  to  withdraw the  

deposited amount.   By the impugned order  of  the Division Bench,  the earlier  order was  

varied and the sum of Rs.5 crores, which is deposited by the appellant,  is directed to be  

released  to  the  First  Respondent  i.e.  A.Chandrasekaran,  Proprietor  Saravana  Creations,  

subject to the furnishing of a Bank Guarantee for the said amount in the name of Registrar  

General, High Court of Madras, to the credit of the O.S.Appeals.  The said order is under  

challenge in these appeals.  

3. It is pointed out by learned senior counsel for the appellants that there is no  

decree in favour of the plaintiff and order granting permission to withdraw the amount of  

Rs.5  crores  cannot  be  sustained.   However,  learned  senior  counsel  for  the  Plaintiff  has  

pointed out that the Defendants, by releasing the film, have acquired huge profits and the  

Plaintiff is entitled to get the money deposited.  

4. It is to be noted and as rightly pointed out, that as on date there is no decree in  

favour of the Plaintiff. In the above circumstances, we direct that the sum of Rs.5 crores,  

deposited by the appellant herein, be kept with the Registrar General of the Madras High  

Court and be invested in  an interest bearing Fixed Deposit in a nationalised Bank for a

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reasonable  period.  We  request  the  Division  Bench  of  the  High  Court  to  dispose  of  the  

O.S.Appeals at an early date. The disbursal of the deposited amount would be subject to the  

result therein.

5. Parties are at liberty to raise all their contentions before the Division Bench of  

the High Court.

6. Appeals are disposed of accordingly. No costs.

..................CJI. (K.G. BALAKRISHNAN)

....................J.     (P. SATHASIVAM)

....................J.  (Dr.MUKUNDAKAM  

SHARMA)

NEW DELHI; 4TH MAY, 2009.