CHENNAI: A division bench of the Madras High Court on Monday dismissed an appeal filed by noted filmmaker Gautham Vasudev Menon and Photon Factory, a film production company in which he is a partner, challenging a 2022 order of a single judge that directed them to pay Rs 4.25 crore along with 12% interest to RS Infotainment Private Ltd, in a dispute over non-fulfilment of an agreement on a film project.
The bench, comprising justices P Velmurugan and K Govindarajan Thilakavadi, passed the orders refusing to overturn the single judge’s order as prayed for by the appellants.
The root of the litigation is an agreement entered into by RS Infotainment, of S Elred Kumar, and the appellants on November 27, 2008, for production of a movie. The appellants were paid Rs 4.25 crore for the project. Since the agreement was not fulfilled, RS Infotainment filed a civil suit in the high court seeking orders for return of the money with litigation costs.
Justice Senthilkumar Ramamoorthy passed the order and decree on April 5, 2022, directing Gautham Menon and Photon Factory to return the amount with 12% interest per annum from May 11, 2010. He found a breach of agreement as the appellants failed to begin the film production and also held that the suit was filed within the limitation period.
He further held that the funds were retained without initiating the production and they failed to prove the expenditure towards the specific project.