SUBHASH CHANDRA JAIN Vs. FEROZE KHAN

JUDGEMENT

(1.) This is an application under 0. 39, Rr. 1 and 2 under 0. 40, R. 1. Cml P. C. for grant of temporary injunction and for appointment of a receiver.

(2.) The plaintiff has filed the present suit for declaration permanent injunction and for rendition of accounts against Feroze Khan, director of picture Qurbani, M/s. F. K. International, its producer and M/s. Bobby Arts International its distributors in Delhi-U. territories.

(3.) His case is that by an oral agreement, defendant No. 1 acting on behalf of defendant No. 2 which is his sole proprietary concern, appointed the plaintiff as an agent for a period of ll years from 7th Aug. 1980, to exploit the picture in the Delhi-U. P. territory (herein called the territory'). According to him under the terms of that oral agreement, because of recognition of his skill and experience he was to carry out the business of distribution of the picture in the territory. The plaintiff was authorised to book the picture and supervise its exhibition in various theatres in the territory. He was required to open an office on behalf of defendants 1 and 2 at his residence, H-68, South Extension. New Delhi. He could also set up an office in the Film Colony, Chandni Chowk, Delhi. The plaintiff avers that he was to be paid a commission at the rate of 20 per cent on the net business of the said picture, the business being distribution, exhibition and exploitation throughout the territory. It was further agreed that the amount of commission was to be paid to the plaintiff every month after accrual of the net collection and that the accounts were to be maintained by the accountants of defendants 1 and 2. All the terms of the oral agreement have been mentioned in para 6 of the plaint.