Bar&Bench News Network
Naik Naik & Co’s Ameet Naik, representing Reliance ADAG subsidiary, Reliance MediaWorks Limited, obtained favourable orders against the Rajnikanth-family promoted Ocher Studios.
Reliance and Ocher had entered into an agreement that Reliance would provide finance a majority of, and Ocher would produce the Tamil motion picture, ‘Sultan – The Warrior’. The movie which was scheduled to be released in April last year, is allegedly nowhere near conclusion. The production had come to a halt and the agreement was terminated in June 2009, after which Ocher, run by Tamil actor Rajnikanth’s wife, Latha Rajnikanth and daughter, Soundarya Rajnikanth had agreed to refund the Rs. 11.59 crore which Reliance had advanced.
Reliance, apprehending that Ocher would create a charge over the film or assign the rights in the film to any third party, filed an application under the Arbitration Act before the High Court of Madras seeking an interim injunction restraining Ocher or its promoters from creating any charge or releasing, exhibiting, assigning, marketing or distributing the film its prints without paying the Rs. 11.59 crore to Reliance. “Reliance has invested heavily in this movie. They cannot take the money and go shopping” said Ameet Naik, who leads the entertainment law specialists. Ameet Naik, representing Reliance, briefed Senior Counsel A.L. Somayaji to argue in this matter.
After Senior Counsel A.L. Somayaji argued on behalf of Reliance, the Court granted them an injunction in the morning, but suspended the order when the Advocate General for Tamil Nadu, P.S. Raman appeared on behalf of Ocher and filed an affidavit undertaking to comply with Reliance’s prayer. Ocher is required to pay the monies before March 8, when the matter is listed again.
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The Viewpoint: Indemnification Provisions - Is the fight on the indemnity clause worth the effort?
May 17, 2012 | Bar & Bench brings to you the twentieth article on 'The Viewpoint' series with its Knowledge Partner AZB & Partners. AZB Senior Associate Nandish Vyas and Associate Pranati Ishwar in this article seek to examine the context in which indemnification rights are relevant for acquisition transactions, and also seek to explore if there are areas where they are potentially not worth the comments (4)










