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2018 DIGILAW 4010 (MAD)

K. v. RAJENDRAN @ VARUN VS A. R. MURUGADOSS

2018-10-30

M.SUNDAR

body2018
JUDGMENT M. Sundar, J. There is one plaintiff and there are three defendants in this suit. 2. It is submitted by all parties to the lis that the main suit itself has been amicably settled between the parties to this suit. 3. Today, sole plaintiff Mr.K.V.Rajendran @ Varun is present in Court along with his counsel Mr.M.Purushothaman. Likewise, defendant No.1 Mr.A.R.Murugadoss is also present in Court along with his counsel Mr.Vijayan Subramanian who is lead by Mr.P.H.Aravindh Pandian, Senior Counsel. 4. With regard to second defendant, Commercial Division is informed that the second defendant is a juristic person and it goes by the name 'Sun TV Network Limited'. In other words, it is a public limited company though it has been described as 'Sun Pictures' in the cause title. Mr.M.Jyothi Basu, authorised signatory of the second defendant is before this Commercial Division along with Mr.J.Ravindran, learned counsel representing Ms.M.Sneha, counsel on record for the second defendant. 5. With regard to third defendant, Mr.K.Bhagyaraj, President of the third defendant entity is present along with his counsel Mr. Shankarkrishnamurthy. 6. All the aforesaid three counsel and one Senior Counsel, representing the four parties to this suit submit in unison, as mentioned supra, that this suit has been amicably settled between the parties and the terms of settlement have been reduced to writing vide a document captioned 'MEMO OF COMPROMISE' dated 30.10.2018 (hereinafter referred to 'said MOC' for brevity) 7. All the aforesaid learned counsel and Senior Counsel make a common request that the main suit itself may please be decreed in terms of said MOC. 8. All the four parties to the lis present in Court (to be noted, second defendant being a public limited company and a juristic person, second defendant's representative duly supported by Board Resolution is before this Commercial Division) stated that they have understood the contents of said MOC and they request that the main suit be disposed of in terms of said MOC. Further to be noted, this Commercial Division enquired with each one of the parties to the lis present in Court individually and reiterated their request that this suit be decreed in terms of said MOC. 9. To be noted, the aforesaid parties to this suit present in Court (natural persons) have produced their photo identity cards together with self attested photocopies of their photo identity cards. 9. To be noted, the aforesaid parties to this suit present in Court (natural persons) have produced their photo identity cards together with self attested photocopies of their photo identity cards. With regard to second defendant, which is a Company, as mentioned supra, a certified copy of a Circular Resolution passed by the Board of Directors of the second defendant company dated 14.11.2011 authorising Mr.Jyothi Basu.M to represent the second defendant company in this suit has also been placed before this Court. 10. The aforesaid self attested photocopies of photo identity cards of the individuals as well as a copy of the aforesaid Board Resolution of 2nd defendant company shall all form part of the compromise decree. Likewise, said MOC i.e., Memo of Compromise dated 30.10.2018, shall also form part of the compromise decree. 11. However, for the purpose of abundant clarity, I deem it appropriate to extract said MOC and the same reads as follows: 'MEMO OF COMPROMISE The Parties herein above have agreed to the following terms of compromise and pray that a judgment and decree may be passed by this Hon'ble Court in terms thereof; 1. The Plaintiff/Varun @ K.V.Rajendran is a B.Sc.Computer Science graduate who had undergone Diploma Course in Film Technology from Film and Television Institute of Tamil Nadu and has extensive and continuous experience for over more than two decades in film-television-Digital integrated communication and media solutions. He has closely worked for various advertising and promotional media productions. He has also got very extensive experience in the Film industry having worked and interacted with leading Producers, Heroes, Directors and market leaders in the film industry. 2. The 1st Defendant/Mr.A.R.Murugadoss is a popular writer cum Director in Indian cinema and is the director of the movie titled 'SARKAR' scheduled for release on 06.11.2018. 3. The 2nd Defendant/Sun Pictures/Sun TV Network, are a leading Television Network in South India. Sun T.V. Is one of its channels and is the No.1 channel in Tamil Nadu when it comes to viewership. Apart from this, it runs other channels in Tamil viz., K-TV, Sun Music, Sun News, Adithya TV, Chutti TV which are all leading channels in their respective fields. It is in business for several years and has received several competitive awards and enjoys high reputation amongst the viewers. Apart from this, it runs other channels in Tamil viz., K-TV, Sun Music, Sun News, Adithya TV, Chutti TV which are all leading channels in their respective fields. It is in business for several years and has received several competitive awards and enjoys high reputation amongst the viewers. The company is also involved in the production and distribution of movies and in this field also it has earned great reputation and emerged as one of the best. 4. The 3rd defendant/ South Indian Film Writers' Association, is registered under Trade Union Act of 1926 No.931, M.D.S and affiliated to the Film Employees Federation of South India (FEFSI). 5. The Plaintiff is an associate member of the 3rd Defendant/ South Indian Film Writers Association and had registered his, manuscript script titled 'SENGOL' on 21.11.2007 with the 3rd Defendant/South Indian Film Writers Association with registration No.1926. He had also subsequently registered seven more scripts with the 3rd Defendant. 6. The 1st Defendant /Mr.A.R.Murugadoss had directed the movie 'SARKAR' based on his story titled 'Pachai' registered with the 3rd Defendant on 13.10.2017 and on 21.03.2018. 7. The plaintiff was constrained to file the above Civil Suit before the Commercial Division of this Hon'ble Court in C.S.No.715 of 2018 for the reliefs prayed therein fearing his script titled 'SENGOL' had been copied by the 1st Defendant in the making of the film 'SARKAR'. 8. In the said suit, both parties herein have mutually thereafter agreed to resolve the issue amicably so as to protect their mutual interests without affecting each other. 9. Both the Plaintiff and the 1st Defendant hereby acknowledge that both their scripts namely 'SENGOL' and that of the movie 'SARKAR' revolve around the same theme of a reform of the electoral process to weed out bogus voting. 8. Both Plaintiff and 1st Defendant acknowledge the efforts of the 3rd Defendant especially its President Shri.K.Bhagyaraj for having mediated and enabling for this settlement. 10. The 1st Defendant has no objection whatsoever to the Plaintiff producing any film or motion pictures based on his registered script 'SENGOL' and its updated versions based on his imagination not only in Tamil but in any other language and in any manner that suits him. 11. 10. The 1st Defendant has no objection whatsoever to the Plaintiff producing any film or motion pictures based on his registered script 'SENGOL' and its updated versions based on his imagination not only in Tamil but in any other language and in any manner that suits him. 11. The Plaintiff herein undertakes not to object to the screening of the movie 'SARKAR' in its original Tamil language or in any language, both in dubbed and in remake versions, now and in the future. 12. Both the Plaintiff and the 1st Defendant agree that the treatment of their stories are different and are fully entitled to enforce and to protect their respective rights as per the Copyright Act. 13. The 1st Defendant with the consent of 2nd and 3rd Defendant hereby undertakes to display the following message in the movie 'SARKAR' as and when the same is released for public viewing in any form all over the world hereinafter, immediately succeeding the 'Thanks Cards' and before the Company Logo, for not less than 30 seconds as hereunder; XXX XXX XXX And the English Version of the same in dubbed version of 'SARKAR' worldwide, Dubbed, Denying The fundamental right of voters by bogus voting is a dangerous crime affecting the welfare of our country. I imagined that a movie could be made with the theme that a hero whose votes is bogusly cast fights against the injustice and established the truth and thereby creates awareness among the masses. After discussing months I wrote the script for 'SARKAR' and directed the movie. I came to know that one Co-Director Mr.K.V.Rajendran Bsc.D.F.Tech @ Varun had also imagined the same theme and had registered his script with our South Indian Film Writers Association. I am recording this to praise upcoming Co-Director Mr.K.V.Rajendran Bsc.D.F.Tech @ Varun for having imagined and having registering his script before me. I hereby convey my heartfelt thanks to our South Indian Film Writers' Association for identifying a talented colleague to the cinema world. A.R.MURUGADOSS WRITER AND DIRECTOR AND WRITER 'SARKAR' 15. The plaintiff gives up all other reliefs under para 42 (a) to (d) of the plaint against the defendants and agrees not to pursue this matter further under the court of law. The defendants also give up all claims (if any) against the plaintiff. 16. All the parties agree to bear their own costs. 17. The plaintiff gives up all other reliefs under para 42 (a) to (d) of the plaint against the defendants and agrees not to pursue this matter further under the court of law. The defendants also give up all claims (if any) against the plaintiff. 16. All the parties agree to bear their own costs. 17. The parties herein pray that this Hon'ble Court may be pleased to take this Memo of Compromise on record and to pass a judgment and Decree in terms thereof. Dated on this the 30th day of October, 2018. (s/d) (s/d) 1st Defendant Plaintiff (s/d) (s/d) 2nd Defendant 3rd Defendant Counsel for Defendants Counsel for Plaintiff' 12. In the light of the narrative and in the light of the common joint request made in unison by all the parties to this suit and their counsel/Senior Counsel, this suit is decreed in terms of said MOC. In other words, there shall be a decree in this suit in terms of said MOC i.e., Memo of Compromise dated 30.10.2018. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.