NAHATA LTD Vs. RAAMRAJ KALA MANDIR

JUDGEMENT

(1.) The present order disposes of the two captioned interim applications. IA No. .5899/2001 is the plaintiff's application under Order XXXIX Rules 1 and 2 seeking to restrain defendant Nos. 1 and 2 from telecasting the film "Ganga Jamuna Saraswati" on the channel "Star Plus" by M/s. Star India Limited. IA No. 1192/2002 is the application under Order XXXIX Rule 4 filed by defendants No.1 praying for vacation of the ex parte ad interim order dated 6.7.2001. Order dated 6.7.2001 reads as under:

(2.) Suit is for recovery of Rs. 1,62,46,215/- filed by the plaintiff against defendant No.l. Injunction is also prayed against defendant No. 2 restraining it from delivering the prints of various films including the film "Ganga Jamuna Saraswati" produced by defendant No. 1.

(3.) As per the plaint, plaintiff and defendant No. 1 had entered into an agreement on 15.5.1986 whereunder plaintiff financed a sum of Rs. 75,00,000/- to the defendant No.1. Amount had to be repaid as per covenants of the agreement. Negative of certain films were to be deposited with defendant No. 2 and were not to be handed over without the consent of the plaintiff or till as long defendant No.l continued to remain bound by the covenants in the agreement dated 15.5.1986.