Facts
The applicant claimed to have advanced ₹9 crore under a production agreement dated 1 February 2025 and a further ₹6,91,60,000 under a supplementary production agreement dated 28 March 2025 for a film’s production
Source reference: p.4Alleging that no amount had been repaid despite the film’s release and exploitation, the applicant invoked the agreements’ arbitration clauses
Source reference: p.5He sought an injunction against the respondents’ release or exploitation of the subsequent film Neekkam, relying on clause 5(d) of the supplementary agreement, and separately sought security for a claim of ₹15,91,60,000 with interest
Source reference: pp.2–3, 5Although the respondents had been served and had earlier appeared through counsel, they did not contest the applications
Source reference: p.5Issues
Whether interim relief should restrain the respondents from releasing or exploiting Neekkam pending protection of the applicant’s interests and resolution of the disputes through arbitration
Source reference: pp.2–3, 5Whether the first respondent should be directed to furnish security for the applicant’s monetary claim pending arbitration
Source reference: pp.2, 4Law Applied
The applications were brought under Section 9 of the Arbitration and Conciliation Act, 1996, which provides for interim measures by a court in connection with arbitral proceedings; the applicant relied on the arbitration clauses in the production and supplementary production agreements
Source reference: pp.2, 4–5The Court also preserved the applicant’s liberty to seek interim relief from the arbitral tribunal under Section 17 of the Act
Source reference: p.6Reasoning
The Court noted the applicant’s advances, the alleged non-repayment, the contractual provision relied on to recover a payment deficit through rights in subsequent movies, and the respondents’ failure to contest the applications
Source reference: pp.4–5It consequently granted the requested injunction against exploitation of Neekkam
Source reference: p.6As that interim order had been granted, the Court considered a separate direction to furnish security unnecessary, while leaving the applicant free to seek further relief under Section 17 if required
Source reference: p.6Holding
O.A. No.605 of 2026 was allowed as prayed, restraining the respondents from releasing, distributing, exhibiting or otherwise exploiting Neekkam
The Court declined to order security in Arb. Appln. No.1196 of 2026, preserved liberty to apply under Section 17, and disposed of that application
Source reference: p.6Acts & Sections Cited
3 provisions across 1 statute referred to in this judgment. Each provision opens on LawLens.
Arbitration and Conciliation Act, 19963
Original Court PDF
AV Anoop PROPRIETOR AVA PRODUCTIONS, REP.BY HIS POvsSandeep Chandrasenan Nair
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