The Madras High Court has dismissed a plea filed by filmmaker Gautham Vasudev Menon and his production banner Photon Factory, effectively upholding an earlier order that directed them to repay Rs 4.25 crore to RS Infotainment with interest. The decision brings a long-running dispute back into focus, one that traces its roots to a film project that never took off.
The matter goes back to an agreement signed on November 27, 2008, between Photon Factory and RS Infotainment for a Tamil film. The production was scheduled to begin on December 10, 2008, with plans to wrap up by April 5, 2009. On paper, it was a standard arrangement. In reality, the film never went on the floors.
RS Infotainment, led by S Elred Kumar, had committed Rs 13.5 crore to fund the project. Even though the film did not move forward, the company paid Rs 4.25 crore to Photon Factory in multiple instalments. The agreement had a clear clause. If the film was not completed within the stipulated time, the amount would have to be repaid with 24 per cent interest.
According to Bar and Bench, the dispute eventually turned into a legal battle, with RS Infotainment filing a civil suit in 2013, accusing Menon of not completing the film. Over time, the case moved through the courts, with both sides presenting their versions of what had transpired.
The defence argued that the film in question, referred to as “Production no. 6”, had later taken shape under the tentative title Nithya and was eventually released on December 14, 2012, as Neethaane En Ponvasantham. Based on this, they maintained that their obligations under the original agreement had been fulfilled.
However, the court did not accept this position. After examining oral testimonies and documentary evidence, Justice Senthilkumar Ramamoorthy concluded that Neethaane En Ponvasantham was made under a separate agreement dated July 6, 2011, involving RS Infotainment, Photon Factory, and Menon. It was not connected to the 2008 agreement tied to “Production no. 6”. “Hence, it is seen that only with a deliberate intention of avoiding the contract with the plaintiff, the said defendants have changed their respective roles to other firms only to avoid payments to the plaintiff,” the court added.
The judgment also noted that there was nothing on record to show that the Rs 4.25 crore paid for the earlier project had been used in the making of Neethaane En Ponvasantham. On that basis, the court directed Menon and his firm to repay the amount with 12 per cent annual interest from 2010, along with Rs 12 lakh in costs.
A Division Bench of Justices P Velmurugan and K Govindarajan Thilakavadi refused to entertain the appeal filed in May 2022 and upheld the single judge’s order dated April 5, 2022.
Gautham Vasudev Menon is known for films such as Minnale (2001), Kaakha Kaakha (2003), Vettaiyaadu Vilaiyaadu (2006), Vaaranam Aayiram (2008), Vinnaithaandi Varuvaayaa (2010), and others.
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