In his application, Dhanush had submitted he produced a Tamil film “Naanum Rowdy Daan” a few years ago. Some of the behind-the-scene footage from the film were used unauthorizedly in the making of Nayanthara’s documentary “Nayanthara: Beyond the Fairytale”, he alleged. The documentary was aired on Netflix.
Dhanush said that since Netflix’s office was in Mumbai, which was outside the jurisdiction of the Madras HC, he had moved an application seeking leave to sue the OTT player in this court, which was allowed. Aggrieved, Netflix filed the present application to revoke the order, granting leave to sue.
Netflix contended that the plaintiff in this case had obtained leave to sue only Los Gatos and because the office was situated outside the jurisdiction of this court. The plaintiff ought to have obtained leave against all the defendants, Netflix added.
Applications filed by Netflix seeking revocation of leave and rejection of plaint was dismissed by the High Court.
Netflix’s contentions were that the suit ought to have been filed in Kancheepuram as plaintiff’s registered office is situated there and leave was not specifically sought for that part of cause of action that arose outside of the Madras High court’s jurisdiction. Thus it sought leave to be revoked. Rejection of Plaint was sought for on the ground that there is no urgency as the documentary is already released. Therefore the plaintiff ought to have gone for mandatory pre suit mediation.
The High Court did not agree with the plaintiff and both the applications were dismissed.
