AV Anoop PROPRIETOR AVA PRODUCTIONS, REP.BY HIS PO vs Sandeep Chandrasenan Nair

Arb. Appln. No.1196 of 2026 and O.A.No.605 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13-10-2026
CORAM
THE HON'BLE MR.JUSTICE K.KUMARESH BABU
Arb. Appln. No.1196 of 2026 and O.A.No.605 of 2026
Arb.Appln.No.1196 of 2026 :
A.V.Anoop,
Proprietor,
AVA Productions,
Rep.by his Power of Attorney Anil Kumar .S
th
No.1583, J-Block, 15 Main Road,
Anna Nagar,
Chennai 600 040.
..Applicant in both the
Applications.
Vs
1. Sandeep Chandrasenan Nair,
Proprietor,
M/s.Urvasi Theatres,
Now at 66/398,
Santhi Building,
Mahakavi Bharathiyar Road,
Shenoys, Kochi,
Kerala - 682 035.
2. Alex E Kurian
Address not known
st
Service through 1 respondent address
66/398, Santhi Building,
Mahakavi Bharathiyar Road,
Shenoys, Kochi,
Kerala - 682 035.
3. UFO Moviez India Ltd
Corporate Headquarters,
Valuable Techno Park, Plot No.53/1,
Road No.7, MIDC, Andheri East,
Mumbai - 400 093, Maharashtra.
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Arb. Appln. No.1196 of 2026 and O.A.No.605 of 2026
4. UFO Moviez India Ltd.,
rd
Vikas Viswam, 3 Floor, Door No.65/408,
Imani Towers, Judges Avenue, Kaloor,
Kochi – 682 017.
5. UFO Moviez,
City Arcade, Lisie- Pullepady Road,
Kathrikadavu, Kaloor,
Ernakulam – 682 018.
6. Qube Cinema Technologies (Kerala Office),
No.41 643-C, AL Jacob Road,
Near Axis Bank, Shenoys,
Ernakulam – 682 035.
7. Qube Cinema Technologies, India
42, Dr.Ranga Road, Mylapore,
Chennai - 600 004.
..Respondents in both
the Applications
PRAYER in Arb.Appln.No.1196 of 2026 : Judges Summons filed under Order
XIV Rule 8 of O.S.Rules r/w Section 9 of the Arbitration and Conciliation Act,
st
1996 to pass an interim order directing the 1 respondent to secure the
applicant’s claim amount of Rs.15,91,60,000/- (Rupees Fifteen Crores Ninety
One Lakhs Sixty Thousand Only) with interest at the rate of 18 % per annum
from the date of the Supplementary Agreement by way of furnishing adequate
security to the satisfaction of this Court pending commencement and conclusion
of the arbitral proceedings arising out of the arbitration clause incorporated in
Production Agreement and Supplementary Production Agreement and thus
render justice.
PRAYER in O.A.No.605 of 2026: Judges Summons filed under Order XIV
Rule 8 of O.S.Rules r/w Section 9 of the Arbitration and Conciliation Act, 1996
to pass an order of ad-interim injunction restraining the respondents, their men,
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Arb. Appln. No.1196 of 2026 and O.A.No.605 of 2026
agents or any one acting or claiming to act under them from in any manner
releasing/distributing/exhibiting or exploiting the Malayalam Feature Film titled
NEEKKAM, starring Dileep Kumar as Hero directed by Jagan Shaji Kailas in
theatrical release, through OTT Platforms or other platforms or other
broadcasting or Television channels pending securing the interest of the
applicant and resolution of the disputes through arbitration mechanism as
provided in production agreement dated 01.02.2025 and Supplementary
production agreement dated 28.03.2025.
In both the applications:
For Applicant : Mr.Karthick Srinath
for M/s.K.M.Vijayan Associates
For Respondent : No appearance
C O M M O N O R D E R
These two applications are connected to each other and as such are
disposed of by this common order.
2. Original Application No.605 of 2026 is filed for an ad-interim
injunction restraining the respondents, their men, agents or any one acting or
claiming to act under them from in any manner releasing/distributing/exhibiting
or exploiting the Malayalam featured film titled Neekkam, starring Dileep
Kumar as Hero directed by Jagan Shaji Kailas in theatrical release, through
OTT Platforms or other platforms or other broadcasting or Television channels
pending securing the interest of the applicant and resolution of the disputes
through arbitration mechanism as provided in production agreement dated
01.02.2025 and supplementary production agreement dated 28.03.2025.
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Arb. Appln. No.1196 of 2026 and O.A.No.605 of 2026
3. Arbitration Application No.1196 of 2026 is filed to pass an interim
st
order directing the 1 respondent to secure the applicant’s claim amount of
Rs.15,91,60,000/- (Rupees Fifteen Crores Ninety One Lakhs Sixty Thousand
Only) with interest at the rate of 18 % per annum from the date of the
Supplementary Agreement by way of furnishing adequate security to the
satisfaction of this Court pending commencement and conclusion of the arbitral
proceedings arising out of the arbitration clause incorporated in Production
Agreement and Supplementary Production Agreement.
4. Upon hearing the learned counsel for the applicant and perusing the
material records of the case, it is seen that the applicant claims to be a financier
who financed the production of a movie titled ‘Vilayath Buddha’ along with the
first respondent under a production agreement dated 01.02.2025. Under the said
agreement, a sum of Rs.9,00,00,000/- was advanced. Subsequently, at the
request of the first respondent for further funds, an additional sum of
Rs.6,91,60,000/- was advanced towards the production of the said movie under
a supplementary production agreement dated 28.03.2025.
5. The applicant contends that, although the movie was subsequently
released in theatres and the rights therein have been exploited by the first
respondent, no amount whatsoever has been repaid to the applicant, thereby
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Arb. Appln. No.1196 of 2026 and O.A.No.605 of 2026
leaving the applicant high and dry. Since both the production agreement and the
supplementary production agreement contain arbitration clauses, the applicant
has invoked the arbitration clauses and filed the present applications.
6. The learned counsel by pointing out to the clause 5 (d) of the
supplementary production agreement whereby the rights of the applicant to
make good the deficit of payment with reference to the respondents and
subsequent movies was expressly granted, the applicant seeks an injunction
restraining the respondents from releasing the subsequent movie titled
‘Neekkam’. Another application in Arb.Appln.No.1196 of 2026 is filed to
furnish security.
7. It can be seen that even though notices were served in the applications,
the learned counsel appeared and undertook to file vakalat and counter on
behalf of the respondents and the matter was adjourned by four weeks on
23.07.2026 and thereafter on 24.08.2026, the respondents have chosen not to
contest the applications.
8. In view of the above, O.A.No.605 of 2026 stands allowed as prayed
for. Since the respondents are not appearing before this Court and interim order
has already been granted in respect of the subsequent movie, there need not be
any further orders directing the respondents to secure the amount as prayed for
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Arb. Appln. No.1196 of 2026 and O.A.No.605 of 2026
in Arb.Appln.No.1196 of 2026, however, liberty is kept open to move the
arbitrator under section 17 of the Arbitration and Conciliation Act, 1996, if any
further necessity arises. The fact that the applicant has already filed an
application under section 11 Arbitration and Conciliation Act, 1996, is recorded
and the applicant shall take express steps to number the said application and
move the same before the concerned Court. In view thereof, the
Arb.Appln.No.1196 of 2026 stands disposed of.
13-10-2026
Neutral citation : Yes/ No
Jer
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Arb. Appln. No.1196 of 2026 and O.A.No.605 of 2026
D.BHARATHA CHAKRAVARTHY, J.,
Jer
Arb. Appln. No.1196 of 2026 and O.A.No.605 of 2026
13-10-2026
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