IN THE HIGH COURT OF KARNATAKA AT BANGALORE

(Original Jurisdiction)

W. P. No. /2016 (GM-CPC)

BETWEEN:

Sri A.R. NIRANJANA. (Babu) Petitioner

AND

THE KARNATAKA FILM CHAMBERS

OF COMMERCE & Others Respondents,

INDEX
Sl.No. Particulars Page No

1 Synopsis
2 Memorandum of Writ Appeal under Art 226 and 227 of
the Constitution of India.
3 Affidavit
4 The copy of the reconstitution partnership deed dated
19-06-2014 as ANNEXURE – A.
5 The copy of the requisition letter dated 20-08-2014 as
ANNEXURE – B.
6 The copy of the agreement dated 27-03-2014 as
ANNEXURE – C.
7 The copy of the Complaint dated 13-08-2015, its
annexures and FIR as ANENXURE – D, E, & F.
8 The copy of the FIR Vide Crime No.0132/2015 dated
19-08-2015 as ANENXURE – G.
9 The original copy of the impugned order dated 11-09-
2016 passed in AB-89/2015 as ANNEXURE - H.
10 The copy of the agreement dated 04-03-2016 is
produced as ANNEXURE – J.
11 The certified copy of the Execution Petition Vide
Ex.P.No.909/2016, along with IA 1 and IA 2
ANNEXURE –K, L AND M.

12 The certified copy of the entire Order sheet in Ex.

P.No.909/2016 as ANNEXURE - N.

13 Vakalath

Bangalore.
Date: 13-07-2016 Advocate for Petitioner.
[Onkar.K.B]
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
 (Original Jurisdiction)

W. P. No. /2016 (GM-CPC)

BETWEEN:

Sri A.R. NIRANJANA. (Babu) Petitioner

AND

THE KARNATAKA FILM CHAMBERS

OF COMMERCE & Others Respondents,

SYNOPSIS

Sl. Date Particulars

No.
1 27-03-2014 The petitioner who is a Photographer entered into
an agreement with the 4th respondent who is a
Producer cum director of the newly launched
feature film “LOVE ON NH 4”.
2 29-05-2014 The shooting of the Kannada feature film by name
“LOVE ON NH 4” was started by performing
Mahortham at Prasad Studio, Bengaluru.
3 31-12-2014 The entire shooting of the said movie is said to
have finished and Ash Pumpkin breaking ceremony
was performed. Unfortunately, the petitioner did
not receive the due amount to the tune of
Rs.4,00,000/- for rendering his service and for
lending his cameras for shooting.
4 11-09-2015 The 1st respondent Board without any authority
arbitrarily have passed an impugned award in AB-
83/2015 directing the petitioner herein to pay a
sum of Rs.60,48,400/- along with interest at the
rate of 6 % from that day till the date of payment
and further directed him to hand over nine hard
discs pertaining to the film “LOVE ON NH 4” and
entire footage of the said film.
5 04-03-2016 The petitioner entered into with an agreement with
the 4th respondent (who was a managing producer
and director of the said movie) and handed over the
entire footage of the said movie after the receipt of
 his remaining due amount.
6 05-04-2016 The vindictive 2nd Respondent who is one of the
partners of Gurumanthralaya Productions
illegitimately filed execution petitioner before the
Hon’ble CCH – 65 under Order 21 Rule 11 Vide
Execution Petition No. 909/2016 along with two IA 1
& 2 under Order 21 Rule 22 (for ex parte order and
Order 21 Rule 31 (to pass ex-parte order of seizure
of movable properties) respectively.
7 30-05-2016 Without looking into the facts and circumstances of
the case and without giving any opportunity to the
petitioner the Hon’ble CCH – 65, Bengaluru passed
an order of seizure of movable properties which
includes nine hard discs and entire footage of the
movie “Love on NH4”.
8 08-07-2016 The court bailiffs have illegitimately seized the
cameras and other very expensive lenses and other
equipment in the absence and without the
knowledge and information of the petitioner.
9 13-07-2016 Aggrieved by this the petitioner having no other
alternative efficacious remedy is seeking the
intervention of this Hon’ble Court, hence this writ
petition.

Brief Facts :-

The petitioner most respectfully submits as follows:-

The petitioner who is a Photographer entered into an agreement

with the 4th respondent who is a Producer cum director of the newly
launched feature film “LOVE ON NH 4”. The shooting of the Kannada
feature film by name “LOVE ON NH 4” was started by performing
Mahortham at Prasad Studio, Bengaluru.
The entire shooting of the said movie is said to have finished and
Ash Pumpkin breaking ceremony was performed. Unfortunately, the
petitioner did not receive the due amount to the tune of Rs.4,00,000/-
for rendering his service and for lending his cameras for shooting. The
entire shooting of the said movie is said to have finished and Ash
Pumpkin breaking ceremony was performed. Unfortunately, the
petitioner did not receive the due amount to the tune of Rs.4,00,000/-
for rendering his service and for lending his cameras for shooting.

The 1st respondent Board without any authority arbitrarily have

passed an impugned award in AB-83/2015 directing the petitioner herein
to pay a sum of Rs.60,48,400/- along with interest at the rate of 6 %
from that day till the date of payment and further directed him to hand
over nine hard discs pertaining to the film “LOVE ON NH 4” and entire
footage of the said film.

The petitioner entered into with an agreement with the 4 th

respondent and handed over the entire footage of the said movie after
the receipt of his remaining due amount. The vindictive 2 nd Respondent
who is one of the partners of Sree Gurumanthralaya Productions
illegitimately filed execution petitioner before the Hon’ble CCH – 65
under Order 21 Rule 11 Vide Execution Petition No. 909/2016 along with
two IA 1 & 2 under Order 21 Rule 22 (for ex parte order and Order 21
Rule 31 (to pass ex-parte order of seizure of movable properties)
respectively.

That, without looking into the facts and circumstances of the case
and without giving any opportunity to the petitioner the Hon’ble CCH –
65, Bengaluru passed an order of seizure of movable properties which
includes nine hard discs and entire footage of the movie “Love on NH4”.
The court bailiffs have illegitimately seized the cameras and other very
expensive lenses and other equipment in the absence and without the
knowledge and information of the petitioner. Aggrieved by this the
petitioner having no other alternative efficacious remedy is seeking the
intervention of this Hon’ble Court. Hence this writ petition.

Bangalore
Date: 13-07-2016 Advocate for Petitioner.
[Onkar.K.B]

IN THE HIGH COURT OF KARNATAKA AT BANGALORE

 (Original Jurisdiction)

W. P. No. /2016 (GM-RES)

BETWEEN:

Sri. Sri A.R. NIRANJANA. (Babu)

S/o. Sri.P.Rudraswamy
Aged about 40 years.
Photographer
R/o, H.No. 513/1,
K.R.Mohalla,
K.N.Agrahara, Mysuru – 570001 Petitioner

Also at:
Sri.A.R.Niranjana (Babu)
S/o. Sri.P.Rudraswamy
R/o. No.9, 1st Stage,
2nd Cross, High Tension Line
Park Road, Chandra layout,
Bengaluru - 560040

AND:
1. The Karnataka Film Chamber of Commerce
The ARBITRATION BOARD
Rep by its Chairman & Members
Sri.K.S.Sridhar.
R/o. No.28, 1st Main,
Crescent Road, High Grounds,
Bengaluru - 560001

2. Sri.Venkatesh
S/o. Late Sri. R.Sanjeevaiah,
Aged about 50 years
Partner- M/s. Gurumanthralaya Productions
No.6/1- L-SV, 4th Cross,
Gandhinagara
Bengaluru – 560009

Also At
Sri.Venkatesh
S/o. Late Sri. R.Sanjeevaiah,
R/o. No.22, 10th Cross,
Yellappa Garden
Malleshwaram Bengaluru – 560003.

3. Sri. (Lion Sringar)M. Sanjeeva Shetty

S/o Late Sri.Koragaiah Shetty
Aged about 65 years
Partner- M/s. Gurumanthralaya Productions
R/o. No.34, 5th Block,
9th Main, Vinayakanagara
Mysuru – 260012
 4. Sri.N.Srinatha
S/o. Late Sri.A.Nagasunder
Aged about 46 years
The Managing Partner-
M/s. Gurumanthralaya Productions
R/o. No.2793/K-18,
2nd Main, 5th Cross,
K.R.Mohalla, Chamundipuram
Mysuru - 560004 Respondents

MEMORANDUM OF WRIT PETITION UNDER ARTICLES 226 & 227

OF THE CONSTITUTION OF INDIA

1. The Address of the petitioner for the purpose of service of summons,

Court notices etc., is as shown in the cause title above and that of his
Counsel ONKAR.K.B. and OBALESHAIAH N. for M/S RAVIVARMA KUMAR
ASSOCIATES, No.3-D, Bharat Apartments, No.44/1, Fair Field Layout,
Race Course Road, Bengaluru-560 001. # 9844529337.

2. The addresses of the Respondents for the very same purpose

are as shown in the cause title above.

3. The petitioner being aggrieved by impugned order passed by the 1 st

respondent Arbitration Board in AB-89/2015 on 11-09-2015 and
illegitimate use of the said award by the 2 nd respondent who has filed
execution petition before City Civil Court at Bengaluru Vide Execution
petition No.909/2016 on the file of CCH- 65. The petitioner seeking
urgent intervention of this Hon’ble Court for staying the further
execution and operation of the said impugned award and in quashing
the said award in the interest of justice and equity.

Brief Facts of the Case:-

4. The petitioner most respectfully submits that the 2 nd, 3rd and 4th
respondents along with other three partners were the partners in a
registered Partnership Firm called SRI GURUMANTRALAYA
PRODUCTIONS which is having its Firm No. MYS-F126-2011-12. The
said partnership firm was registered at Registrar of Firms at Mysuru on
17th Oct 2011. The above firm was formed with an objective of
production and making of feature films by investing capitals and to
share the profit amongst them according to their percentage of
investments.
5. That, as per the said partnership deed the 4th respondent herein
happens to be a managing partner and Chief Executive to oversee the
story, screen play, dialogues, direction and connected matters and
further to regulate them at the proper time and to take entire
responsibility of making of the production of the film and to bring the
proposed film to the stage of screening and to contact concerned
Authorities, such as Karnataka State Film Chambers.

6. That, the said partnership firm was reconstituted by executing

RECONSITUTION DEED OF PARTNERSHIP on 19-06-2014. That three
others members i.e., Sri. Sri.Gundu Venkatesh Kumar, Sri.
B.V.Sheshadri and Sri, N.Ramesh voluntarily retired from their
partnership by executing the said reconstitution of partnership deed.
To show the same the copy of the said reconstitution partnership deed
dated 19-06-2014 is produced herewith and marked as ANNEXURE –
A.

7. That, as per the said reconstituted partnership deed the 3 rd

respondent was nominated as Managing Partner and further the 3 rd
respondent on being Managing partner shall be responsible in
observing all statutory requirements and solely handling finance
matters and operating finance. Further the 4 th respondent was
handling both Direction and Production activity and other activities
being instructed by the Managing Partner. The copy of the requisition
letter dated 20-08-2014 is produced herewith and marked as
ANNEXURE – B.

8. The petitioner most respectfully submits that he a well-known

Photographer who has the experience of working as Camaraman for
many popular Kannada films. That, when the 4 th respondent (who was
a Managing Partner as well Producer cum Director of the newly
launched Kannada movie “LOVE ON NH 4”) approached the petitioner
and requested him to work as Photographer and Cameramen and
further to lend his most advance cameras and other technicians, the
petitioner gave his quotation. That, after being satisfied by the rates
mentioned in the said quotation both entered into an agreement on
27-03-2014. To show the same the copy of the said agreement is
produced herewith and marked as ANNEXURE – C.
9. That, on 29-05-2014 the shooting of the said Kannada movie was started
by performing Mahortham at Prasad Studio, Bengaluru. By 31-12-2014
the entire shooting work of the said movie was finished. That,
uunfortunately the petitioner did not receive the complete amount
due as per the agreement dated 27-03-2014. That, even after
completion of the shooting, amount to the tune of Rs.4,00,000/- for
rendering his service and for renting out his cameras and technicians
for shooting was due from the producers.

10. That, the petitioner made repeated requests to the 4 th respondent to

settle his due but, in vein. The petitioner ran from pillars to post to
recover his due amount. Legitimately the petitioner made several
request to settle his dues and to take away the Footages of the movie.
But, since there is said to be a dispute amongst themselves between
2nd, 3rd and 4th respondents no one came forward to settle his due
amount.

11. The petitioner further submits that, pursuant to this he received a

notice from the 1st respondent so called Arbitration Board advising him
to attend the meeting/hearing on 4th August 2015 at 11.30. That,
when he attended the said hearing the 1st respondent in collusion with
the 2nd respondent coerced and bullied the petitioner to sign some
document papers. The petitioner (who was under the influence and
threatening of the members of the 1 st respondent Board) signed those
papers, lest he shall be ostracized by the Board members and in that
event he shall be abandoned by other producers on the behest of the
1st respondents.

12. It is relevant to bring it to the notice of this Hon’ble Court that, when
the petitioner attended the so called hearing on 04-08-2015 he came
to know that the 2nd respondent had presented the complaint before
the 1st respondent with the help of forged documents and had already
managed to influence the 1 st respondent Board members. That,
immediately after he came to know about these forgeries the
petitioner lodged complaint against the 2 nd respondent herein on 13-
08-2015 before the Police Commissioner, Mysore. Consequently, the
FIR was registered against the 2 nd and 3rd respondents Vide Crime No.
0132/2015 for the offences punishable under Sec. 468, 471,420, 506
R/W 34 of IPC. The matter is still under investigation. To show the
 same the copy of the said Complaint, its annexures and FIR are
produced herewith and marked as ANENXURE – D, E, F, & G.

13. That, meanwhile 1st respondent Board on 11-09-2016 without any

authority capriciously passed an impugned award in AB-83/2015
directing the petitioner herein to pay a sum of Rs.60,48,400/- along
with interest at the rate of 6 % from that day till the date of payment
and further directed him to hand over nine hard discs pertaining to the
film “LOVE ON NH 4” and entire footage of the said film. To show the
same the original copy of the said impugned order dated 11-09-2015
is produced herewith and marked as ANNEXURE - H.

14. Pursuant to passing of this impugned order the 4 th respondent

(Producer cum Director) with whom the petitioner had executed the
agreement came forward to settle the due amount. That, when he
paid the due amount of Rs.4,00,000/- he entered into an agreement
with the 4th respondent and handed over the entire footage of the said
movie. To the copy of the said agreement is produced for the kind
perusal of this Hon’ble Court and marked as ANNEXURE – J.

15. The petitioner most humbly submits that, it is learnt from some
reliable sources that there exists irreconcilable disputes on many
issues among 2nd, 3rd and 4th respondents (partners). Taking undue
advantage of the circumstances and also with malicious and mala fide
intensions, the 2nd respondent who is one of the partners of Sree
Gurumanthralaya Productions illegitimately filed vindictive execution
petitioner before the Hon’ble CCH – 65 under Order 21 Rule 11 Vide
Execution Petition No. 909/2016 along with two IA 1 & 2 under Order
21 Rule 22 (for ex parte order and Order 21 Rule 31 (to pass ex-parte
order of seizure of movable properties) respectively. The certified copy
of the Execution Petition, IA 1 and IA 2 are produced herewith and
marked as ANNEXURE –K, L & M.

16. That, without looking into the facts and circumstances of the case and
without giving any opportunity to the petitioner the Hon’ble City Civil
Judge (CCH–65), Bengaluru passed an order of seizure of movable
properties which includes nine hard discs and entire footage of the
movie “Love on NH4”. The certified copy of the entire Order sheet in
Ex. P.No.909/2016 is produced herewith and marked as ANNEXURE -
N.
17. That, on 08-07-2016 the Court seizing officers along with the aid and
support of the 2nd respondent and their advocates have illegitimately
seized the cameras and other very expensive lenses and other
equipment in the absence and without the knowledge and information
of the petitioner.

18. The petitioner has not filed any other writ petition before this Hon’ble
Court or any other Authority on the same cause of action. The
petitioner having no other efficacious or alternative remedy has
approached this Hon’ble Court by presenting this writ petition under
Articles 226 and 227 of the Constitution on the following among other
grounds:-

GROUNDS:

19. The petitioner most respectfully submits that, the award passed by
the 1st respondent Arbitration Board is arbitrary, capricious and
without the authority of law. Hence, the award passed by the 1 st
respondent is liable to be quashed.

20. That, the award holding the petitioner to pay the compensation of
Rs.60,48,400/- by the 1st respondent is illegal, unfair and unreasonable
as it is against the public policy of India. The impugned award
deserves to be aside as the award passed by the 1 st respondent is
contrary to fundamental policy of Indian Law and error apparent on
the justice or morality and hence patently illegal.

21. That, the 1st respondent Arbitration Board is permanently constituted

under the provisions of the Articles of Association of Karnataka Film
Chamber of Commerce which is constituted to deal with the disputes
among its members. The 1st respondent has no authority to deal with
the disputes between the petitioner who is a non-member and
remaining respondents who are members. But, in the case on hand
the 2nd respondent has submitted the petition under Article 37, 38(n)
of Memorandum and Article of Association of the Karnataka Film
Chamber of Commerce which allows any member to register a
complaint against another member for breach of contract. Hence, the
impugned award is not maintainable under any of the law.

22. The petitioner most respectfully submits that he never volunteered to

 approach the 1st respondent Board instead the 1st respondent Board
issued a Notice to the petitioner summoning him to attend the
meeting or hearing on 4th August 2015. Whereas in its order the 1st
respondent claims that the petitioner and 2 nd respondent have signed
a declaration before the Board on 11-08-2015. Hence, the petitioner
never approached the 1st respondent Board requesting it to settle the
dispute with other respondent herein. That, in the absence of any
Arbitration Agreement between the petitioner and other 2 nd
respondent the whole arbitration proceeding is vitiated and hence the
award passed by the 1st respondent is liable to set aside.

23. That, before passing the impugned award the 1 st respondent Board
have not adopted a judicial approach neither adopted the principles of
Natural justice nor do they have treated him at par with the 2 nd
respondent who is a member. Above all the 1 st respondent Board did
not adopted the principle of equity while passing the impugned order
and has acted in an arbitrary, capricious or whimsical manner.
Thereby violated the Fundamental Right of the petitioner enshrined
under Art 21 of the Constitution of India.

24. The petitioner had raised preliminary objection as to the formation

and proceedings of the 1st respondent Board. In spite of this he was
held to pay the exorbitant amount as compensation to the 2 nd
respondent without the application of mind. That when the petitioner
did not head to the coercive and blackmail tactics of the 1 st
respondent members, they have unanimously passed the impugned
order as if to move down the recalcitrant petitioner. Hence the
impugned award deserves to be set aside.

25. The petitioner further submits that, he has already handed over the
Film Footages to the 4th respondent with whom he had executed the
agreement at the inception of film shooting. That, the 4 th respondent
being a Producer cum director and also Managing Partner of the said
Sree. Gurumanthralaya Productions cleared all dues to the petitioner
and there afterwards he has executed agreement as per Annexure - J
on 04-03-2016 on receipt of remaining dues. Pursuant to this the
petitioner was in the impression that since the matter is sorted out
amicably did not bother to take any legal steps with regard to the
impugned award.
26. The Hon’ble City Civil Court Bengaluru (CCH-65) before passing any ex
parte order as to the seizer of the movable properties ought to have
issued Notice to the petitioner. That, the order of seizure passed by
the executing court without giving any opportunity to the petitioner in
the facts and circumstances of the present case is against to the
principles of Natural Justice and Audi Alterem Partem and hence liable
to be stayed.

27. The petitioner most respectfully submits that the impugned award
passed by the 1st respondent Board is without or in excess of any
authority. The 2nd respondent by submitting the fake and forged
documents managed and dodged the 1 st respondent to pass impugned
award. The petitioner has already filed police complaint for the above
said offences. The police are conducting detailed investigation.
Moreover there is no reasoning or application mind while passing the
impugned award.

GROUNDS FOR INTERIM PRAYER

28. The petitioner most humbly submits that, he is a movie photographer
and he also lend his expensive cameras for shooting of movies. That,
more than fifteen persons, technicians work for him. All of them
including the petitioner, depend on the cameras that are seized by the
2nd respondent. The Livelihood of the petitioner also completely
depend upon those cameras.

29. That, the petitioner has agreed with many film directors and producers
that he will lend his cameras for shooting their movies. Since his
cameras along with lenses and other expensive equipments are also
seized the petitioner as well as those Producers, who have hired the
cameras are suffering heavy financial loss. That, since the petitioner
has to pay monthly EMIs of Bank loans for purchasing the cameras he
is unable to make any repayments due to the illegal act of the
respondents.

30. It is therefore, just and necessary to protect the interest of the

petitioner pending disposal of the above Writ Petition, failing which he
will be put to irreparable loss, injury and hardship which cannot be
compensated in terms of money. Hence, the interim prayer.
 PRAYER
WHEREFORE, the Petitioner respectfully prays that this Hon'ble Court be
pleased to: -

(1) Issue a Writ, Order or direction in the nature of certiorari setting

aside/quash the impugned award passed by the 1 st respondent
Arbitration Board of Karnataka Film Chamber of Commerce in AB-
83/2015 on 11-09-2015 as per ANNEXURE - H in the interest of
justice and equity.

(2) Issue a Writ, Order or direction in the nature of mandamus

directing the respondents jointly and severally to pay the
compensation of Rs.10,00,000/- for undergoing mental agony
and Rs.10,00,000/- for causing financial loss and towards costs in
the interest of justice and equity.

(3) To grant such other reliefs including the order for the cost which
this Hon’ble Court deems fit in the facts and circumstances of the
case in the interest of justice and equity.

INTERIM PRAYER

Pending disposal of the above Writ Petition, the petitioner herein

respectfully prays this Hon’ble Court be pleased

1. to stay the execution and operation of the impugned award passed

by 1st respondent in AB-89/2015 on 11-09-2015 as pre Annexure – H.

2. to stay all further proceedings in Execution Petition No.909/2016 on

the file of CCH-65 Bengaluru and to pass an order to
release/restitution of all the movable properties belonging to the
petitioner which was seized on 08-07-2016 in the interest of justice
and equity.

Bangalore,
Date. 13-07-2016 Advocate for Petitioner
[Onkar.K.B]

ADDRESS FOR SERVICE:-

ONKARA.K.B.
M/s. Ravivarma Kumar Associates,
Advocates,
No.44/1, Bharath Apartment,
3-D, Fair Field Layout,
Race Course Road,
BANGALORE – 560 001.
# 9844529337
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
(Original Jurisdiction)

W. P. No. /2016 (GM-CPC)

BETWEEN:

Sri A.R. NIRANJANA. (Babu) Petitioner

AND

THE KARNATAKA FILM CHAMBERS

OF COMMERCE & Others Respondents,

AFFIDAVIT.

I, Sri. Sri A.R. NIRANJANA. (Babu), S/o. Sri.P.Rudraswamy, aged

about 40 years, Photographer, residing at H.No. 513/1,K.R.Mohalla,
K.N.Agrahara, Mysuru – 57000, having come to Bangalore, do hereby
solemnly affirm and state as follows:-

I state that I am the petitioner in the above writ petition and I

know the facts and circumstances of the case hence, swearing to this
affidavit.

I state that the averments made in Para 1 to 30 of the application

accompanying this affidavit are true and correct to the best of my
knowledge, belief and information.

I state that the documents produced as Annexure – A to G and J

are Xerox copies of the originals, Annexure – H is original copy and
Annexure K to N are certified copies.

I swear accordingly,
Identified by me:

Advocate,
Bengaluru
Date: 13-07-2016
 IN THE HIGH COURT OF KARNATAKA AT BANGALORE
(Original Jurisdiction)

W. P. No. /2016 (GM-CPC)

BETWEEN:

Sri. A.R. NIRANJANA. (Babu) Petitioner

AND

THE KARNATAKA FILM CHAMBERS

OF COMMERCE & Others Respondents,

MEMO FOR POSTING.

Since urgent orders are required in this matter, it

is respectfully prayed that this Hon’ble Court may be

pleased to post the above matter for preliminary

admission on in the interest of Justice and

equity.

Bangalore.
Dated: Advocate for Petitioner.
[K.B.Onkar]