PRIMETIME COMMUNICATIONS Vs. PRAKASH CHANDRA DWIVEDI

JUDGEMENT

(1.) M/s Prime Time Communications, a partnership firm, has sought specific performance and injunction against Shri Prakash Chandra Dwivedi, sole proprietor of M/s Shagun Films, defendant No.1 and others.

(2.) It is the case of the plaintiff that some where in June,1991, Mr.Sunil V. Khanwalkar, defenant No.3 a close friend of plaintiffs 2 & 3 introduced Mr.Prakash Chandra Dwivedi, defendant No.1 to plaintiff No.1. Defendant No.1 informed them that he was engaged in producing 55 episodes of a Serial titled "Chanakya". It was to be telecast on Indian Doordarshan (National Network). Since Mr.Dwivedi was facing lot of problem like law suits and financial hardship, therefore, he needed help. Plaintiffs 2 & 3 gave him necessary help and assistance at Delhi in contesting the law suits and also financial help from time to time. On or about 5th September,1991, Mr.Dwivedi told plaintiffs 2 & 3 at New Delhi that as they helped him in his difficult days he, therefore, wanted to pay back. He would like to have business associations with them. He also told them that as he has already entered into an agreement for the first telecast of the serial with Indian Doordarshan (National Network) through defendant No.2 i.e. M/s Sudharati International, hence he could enter into an agreement with them thereby giving all doordarshan rights i.e. Regional/National Channels or any other channels of Doordarshan throughout India except the first telecast which already stood granted to defendant No.2, to exploit "Chanakya" subject to the conditions mutually agreed upon between the parties. Defendant No.2 was not to insist upon preferences to be given to them to market the serial for re-telecast as required under Clause 3 of the agreement dated 19th February,1990. Defendant No.3 being the power of attorney holder of defendant No.2 immediately agreed to issue "No Objection" for the same. Plaintiffs also conveyed their acceptance of the aforesaid proposal made by Mr.Dwivedi. Accordingly on 7th September,1991, defendant No.3 on behalf of defendant No.2 issued "No Objection" in favour of the plaintiffs at New Delhi. On the same day agreement was executed at New Delhi by and between defendant No.1 and plaintiffs. One of the terms of the said agreement was that except for first telecast on National Network of Doordarshan, the plaintiff No.1 shall have all rights to exploit the serial "Chanakya" on all channels of Doordarshan through out India in Hindi or in Regional languages for a period of 11 years from the date of execution of the said agreement. This agreement was witnessed by defendant no.3.

(3.) Pursuance to the said agreement, plaintiffs through defendant No.3 approached M/s Hindustan Lever Ltd., who conveyed their willingness to sponsor the Serial "Chanakya" on Regional Kendras of Doordarshan especially Lucknow, Jaipur etc. This fact was brought to the notice of the Director General, Directorate of Doordarshan, Mandi House, New Delhi. A request was made to consent for the serial "Chanakya" at Lucknow LPT. Similar request was made to the Deputy Controller of Programmes, Directorate of Doordarshan, Mandi House, New Delhi. Director of Doordarshan sought the view of Lucknow Kendra on re-telecast of Serial "Chanakya". This fact was personally told to defendant No.1 by plaintiff No.2 in July,1994 at Bombay.