The Hindu : Tamil Nadu News : Release of `Gajendra' stayed

Online edition of India's National Newspaper
Saturday, Sep 18, 2004

Tamil Nadu

Tamil Nadu

Release of `Gajendra' stayed

By Our Staff Reporter

CHENNAI, SEPT. 17. The Madras High Court has stayed the release of the multi-crore Vijayakanth-starrer, `Gajendra,' after ruling that its financier had a prima facie case to show that the producer, V.A. Durai, owed him Rs. 2.5 crores.

Granting interim injunction on the release of the film, Justice S. Ashok Kumar, however, gave an opportunity to the producer to pay Rs. 1.5 crores to the Jaswantchand, financier, besides creating equitable mortgages of two properties for a combined value of Rs. 80 lakhs. He shall also furnish a bank guarantee to the value of Rs. 20 lakhs for the balance amount.

"Subject to the fulfilling of the three conditions to the satisfaction of the court, the Tamil film Gajendra can be released. Failing which, the injunction will be in force," the judge said. He restrained the Gemini Colour Laboratory from delivering any negatives, releasing prints or publicity materials of the film for distribution in India and abroad.

Documentary evidence

Citing the documentary evidence in favour of the financier, Mr. Justice Ashok Kumar said Mr. Durai had executed promissory notes, which was confirmed in an agreement dated January 29, 2004. He said the trade custom of the industry was that all dues towards financiers, workmen and technicians must be paid before the release of the film.

As for the producer's claim that his signatures were obtained in blank promissory notes, cheques and in the agreement form, Mr. Justice Ashok Kumar said when such agreements were entered into between two parties, normally two copies would be taken. Since the producer could not produce his own copies, the one furnished by the financier alone was true.

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