NAHTA LIMITED Vs. RAAMRAJ KALA MANDIR

JUDGEMENT

(1.) By an application under Order XXXIX Rules 1&2 Civil Procedure Code(IA.8202/2001 ), plaintiff seeks an order of injunction restraining the defendants from selling, transferring-or allowing any person in any manner from exhibiting, telecasting or showing the film "Giraftar" through any media.

(2.) . The plaintiff filed a suit against the defendants for recovery of Rs.1,62,46,250.00 alleging that as a financier it had advanced diverse sums aggregating Rs.56.25 lakhs to defendant No.1, a producer of cinematograph films, in connection with making of a film titled "Ganga Jamuna Saraswati". The sums advanced on different dates carried interest @ 23% p.a. In addition, certain other amounts accruing under the agreement, executed between the plaintiff and defendant No.1, are claimed payable by the defendant No.1.

(3.) . The defendant No .2 was engaged by the defendant No.1 for the purposes of processing negatives of all kinds and taking out release prints etc. for delivering the same to various territorial distributors of the film "Ganga Jamuna Saraswati". As security for repayment of all amounts due and payable to the plaintiff, the defendant No.1 wrote a letter to the defendant No.2. to hold negatives, prints etc. of the said film in trust for and on behalf of the plaintiff till such time the payment of entire amount that would become payable, was not made to the plaintiff. The defendant No.2, accordingly, transferred in their records the negatives of the said film in the name of the plaintiff and agreed to act as per instructions of the plaintiff only in regard to all affairs concerning delivery of release prints of the film to the distributors, appointed by defendant No.1.