Chennai, Jul 3 (PTI) The Madras High Court on Saturday
said Lyca Productions, the makers of Indian-2, starring
actor-turned-politician Kamal Hassan, indulged in "forum
shopping" by seeking remedy from multiple courts.
Dismissing applications from Lyca seeking to restrain
director S Shankar from taking up any other project before
completing the film Indian-2 and for a direction to him to
furnish a security to the tune of Rs.170 crore in its favour
Justice N Sathish Kumar referred to "forum shopping."
The judge noted that when the matter came up for
admission on the very first occasion, he had ordered notice
to the defendants.
As the court did not grant any interim relief, Lyca
moved the first bench of the High Court, where also it could
not get any order.
For the similar relief, including other parties, the
applicant had filed a suit before the City Civil Court in
"The above conduct of applicant (Lyca) choosing forum
shopping is also cannot be ignored. At any event, on
discussion of the entire facts, in a given case this Court is
of the view that the applicant has not made out any prima
facie case for grant of interim orders," the judge said.
The judge also noted that though the dispute arose in
October 2020, till now Lyca had not taken any steps to invoke
the arbitration clause.
Only during arguments when the court pointed out the
same, it hurriedly filed an application and Justice
R Banumathi, a retired judge of the Supreme Court, was
appointed as the Arbitrator on June 30.
The applicant has not shown manifest intention to invoke
arbitration quickly to resolve the dispute and there were
severe allegations made against each other.
Also, when there is no contract restraining Shankar from
doing his regular business, the interim injunction sought by
Lyca, if allowed will amount to restraining the film director
from doing his own trade which is against the Contract Act,
the judge said and dismissed the applications. PTI COR VGN BN
Disclaimer :- This story has not been edited by Outlook staff and is auto-generated from news agency feeds. Source: PTI
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