DC lifts enjoining order against Film Corporation

By T. Farook Thajudeen

Colombo District Judge Sujeewa Nissanka lifted an enjoining order issued by him against the National Film Corporation (NFC) from removing the film ‘Kala’ and screening the film ‘5 Samath’ in theatres in which the film ‘Kala’ was screened.

The District Judge recalled the enjoining order issued on the NFC upon considering the submissions of the Counsel for the petitioners, the NFC and perusing the documents tendered by the parties.

Senior Counsel Asoka Serasinghe, who appeared on behalf of the two petitioners Sujeewa Kumaragunaratne and Bamunusinghe Arachchilage Naclina Nirmali, submitted that on 27 October 2017 the film ‘Kala’ was released to a certain circuit of the NFC to screen four shows per day, However, it was screened in the concerned theatres only once or twice a day, violating the agreement entered into by the parties.

The Counsel alleged that the NFC was attempting to remove the film ‘Kala’ from theatres in order to screen the film ‘S Samath’.

The Counsel contended that if the film ‘Kala’ was removed from theatres it would cause an irreparable loss to the petitioners and to issue a permanent injunction on the respondents preventing them from removing ‘Kala’ from theatres. 

The petitioner is also claiming Rs. 20 million in damages.

Senior Counsel Nishantha Rajapaksa, appearing with Ramya Geeganage and Sarath

Kulatunge and instructed by Wathsala Wickramarachchi, vehemently objected to the issuance of an injunction and contended that the NFC decided to stop the screening of the film ‘Kala’ from 30 November from theatres due to the inability to secure the expected number of patrons to view the film,

The counsel further said the petitioners had suppressed facts to the court when obtaining the enjoining order by producing an obsolete circular which was no more in force.

He said the NFC was the sole authority handling the film industry and as such the NFC had to safeguard the rights of all parties including the producers, patrons, theatre owners and those who are engaged in the film industry.

He said the NFC had received complaints from the theatre owners alleging that they were incurring a loss by screening ‘Kala’ due to theatre patrons not watching the movie. The NFC had also said that the theatre owners complained that they were not able to recover their day-to-day expenses by screening ‘Kala’’. A further inquiry was fixed for 25 January.