Madras High Court Restrains Release Of Vishal-Starrer “Mark Antony” For Deflecting Judicial Orders

Vishal was previously directed by a division bench of the court to deposit a sum of Rs 15 crore to the credit of a suit filed by entertainment company Lyca Productions. The court had also restrained Vishal from releasing any movie in Theatres or in the OTT platform which he has produced or financed, until then.

Lyca has now approached the court claiming that Vishal neither deposited the money nor filed an affidavit detailing his assets as ordered by the court in 2022.

Calling his behaviour “unacceptable and aimed at deflecting court orders”, Justice PT Asha restrained the release of his upcoming movie and also directed Vishal to appear in court on the next hearing.

“Considering the conduct of the first defendant [Vishal], which is unacceptable and aimed at deflecting orders of the Court, this Court grants an order of injunction restraining the release of the movie "Mark Antony," in which the first defendant has acted. Considering the repeated flouting of the orders of this Court by the first defendant, the first defendant is directed to appear before this Court on 12.09.2023,” the court ordered.

Vishal had taken a loan from GN Anbu Chezhian of Gopuram Films to the tune of Rs 21.29 crore along with interest. When these amounts remained unpaid, Lyca Productions stepped in and paid Anbu Chezhian on the promise that Vishal will repay Lyca the entire amount along with interest at the rate of 30% per annum, calculated on diminishing balance.

When this amount remained unpaid, Lyca approached the High Court which directed him to make a fixed deposit for ₹15 crore to the credit of the civil suit and hand over the original FD receipts to the Registrar of the High Court. This FD was initially for a period of one year and was to be renewed till the disposal of the suit.

The court also noted that when Vishal had appeared in court in August 2022, he had made a representation before the court claiming that he did not have the requisite resources to deposit the sum. The court had then directed him to file an affidavit disclosing his assets, movable and immovable, encumbered or unencumbered.

The court noted that not only Vishal had failed to file this affidavit, but on the day when he made the representation, he had received a sum of One crore from S Vinod Kumar, proprietor of Mini Studios. Thus, the court observed that Vishal had made false statements in the court.

“The affidavit, which was directed to be filed by the first defendant on 09.09.2022 has not been filed to date. The first defendant has been flouting every order of this Court as well as breaching the undertakings that he has given to this Court. It is informed that on the date on which the first defendant appeared in person before this Court and stated that he did not have funds, on the very same day, he received a sum of Rs. 1,00,00,000/- (one crore only) from the second respondent, S. Vinod Kumar, proprietor of Mini Studios. Therefore, the first defendant has blatantly made false statements before this Court,” the court observed.

Thus, the court ordered accordingly.

Citation: 2023 LiveLaw (Mad) 261

Case Title: Lyca Productions v. Vishal Krishna Reddy