Thank God Film: Makers Settle Dispute After Bombay High Court Refuses To Stay Release
LIVELAW NEWS NETWORK
12 Dec 2022 4:30 AM GMT
Less than six weeks after the Bombay High Court refused ad-interim reliefs to plaintiffs Azure Entertainment in a commercial suit worth Rs. 4.50 crores against release of the film "Thank God," the parties entered into consent terms and settled the matter for Rs. 3.75 crore.
Justice BP Colabawalla decreed the suit against defendant Nos. 1 to 3 (Maruti and its partners) to jointly and severally pay to the plaintiff a sum of Rs. 4.50 crores together with interest @ 10% pa plus GST under Clause 11 of the Second Addendum dated 21st October, 2020.
However, the court recorded the settlement amount of Rs 3.75 crores and said that if there was even a single default in payment, then the entire decretal amount of Rs. 4.50 crores together with interest would become forthwith due and payable.
In the suit filed before the Bombay High Court, Azure claimed that it had acquired the remake rights of the Danish film 'Sorte Kugler' (What Goes Around) on the basis of which the Hindi film 'Thank God' was produced under a co-production arrangement between Azure and Maruti International pursuant to which Maruti had committed to pay Rs.4.50 Crores to Azure prior to the release of the domestic theatrical prints of the film and had also committed to Azure that the domestic prints of the film will not be released until an NOC is given by Azure.
The plaintiff alleged that defendant Maruti International defaulted on certain payments in spite of receiving the entire budget of the film from the studio 'T-Series.'
In its order dated 30th November 2022 passed by Justice B.P. Colabawalla, pursuant to the mutual consent of the parties involved, a sum of Rs.3.75 crores was agreed to be paid by Maruti International as a concession against the decreed amount of Rs.4.50 crores with a clear direction that in the event the payment of any single instalment was defaulted upon by Maruti International, Azure would be entitled to execute the decree for the entire amount of Rs.4.50 crores along with interest and GST.
Senior Advocate Dr.Birendra Saraf alongwith Advocates Anand Mohan,, Khushbu Chajjed, and Shahbaz Malbari briefed by MDP & Partners, appeared for Azure.
Case Title: Azure Entertainment Pvt. Ltd. Vs. Maruti International & Ors.
Click Here To Read/Download Order
