POOJA FILMS PRIVATE LIMITED Vs. MOTION PICTURES ASSOCIATION

JUDGEMENT

(1.) This is plaintiff's application under Order 39 RulesI & 2 read with Section 151 of the Code of Civil Procedure seeking an injunctionagainst the defendant during the pendency of the suit restraining the defendantfrom interfering in the sale and exclusive right of the plaintiff in respect of thedistribution; exhibition and exploitation of picture DOSTANA and further restraining the defendant from refusing to grant permission to run the picture inDelhi and U.P. and from issuing any circular to members for not running the saidpicture DOSTANA and from withdrawing any printson this pretext. An injunctionin mandatory form has also been claimed directing the defendant to forthwithdeliver the prints collected by the defendant from Kumar Cinema (Bareilly),Miglani Cinema (Moradabad) and Nishat Talkies (Meerut).

(2.) The plaintiff has filed the suit alleging that it is engaged in the business ofdistribution, exhibition and exploitation of cinematographic films in Delhi and U.P.and is presently holding distribution rights of picture DOSTANA and RAIZADA.It is alleged that through an agreement dated 7.9.1994 the plaintiff acquired thebalance right of picture Dostana by entering into an agreement with M/s AarteeTraders (Dostana) on a fixed hire basis of Rs. 1,50,000.00, which has since been paidto M/s Aartee Traders (Dostana). It is alleged that initially picture Dostana wasacquired by M/s Aartee Traders and was duly registered in their favour in therecord of the defendants. M/s Aartee Traders was a partnership concern of fivebrothers, namely, Shobh Raj Jaisinghani, Nand Lal Jaisinghani, Nanak Ram Jaisinghani and Prakash Kumar Jaisinghani and Pawan Kumar Jaisinghani. This partnership was dissolved on 4.9.1977 when Nand Lal Jaisinghani and Prakash KumarJaisinghani retired. The firm continued with the remaining partners Shobh Raj,Nanak Ram and Pawan Kumar. This partnership was again dissolved on 4.5.1983(wrongly shown as 4.8.1993) when Nanak Ram and Pawan Kumar retired witheffect from 1.10.1982. Partnership was taken over by Shobh Ram Jaisinghani as thesole proprietor of firm M/s Aartee Traders. In this dissolution picture DOSTANAfell to the share of Nanak Ram and Pawan Kumar who constituted a separatepartnership under the name and style of M/s Aartee graders (Dostana) on andfrom 4.5.1983 and since then they have been carrying or. business under the nameand style of M/s Aartee Traders (Dostana).

(3.) On 7.9.1994 the plaintiff acquired the rights of picture Dostana from M/sAartee Traders (Dostana) for a total consideration of Rs. 1,50,000.00 Due intimation, at the time of dissolution was given to all the members of the film trade byM/s Aartee Traders and it was known that M/s Aartee Traders had become thesole proprietary concern of Shobh Raj and picture Dostana had came to the shareof Nanak Ram and Pawan Kumar. Plaintiff on acquiring the right of pictureDostana from M/s Aartee Traders (Dostana) applied with defndant No.l forregistration of the picture. Initially permission was granted to he plaintiff, onpayment of Rs. 1,00,000.00 for a period of two weeks, for the screering of the film.This payment of Rs. I lac was insisted upon by the defendant, since pccording to thedefendant M/s Aartee Traders were indebted to numerous numbers of thedefendant. Since plaintiff was desirous of the screening the picture in varioustheaters within the territory of Delhi and U.P., the plaintiff deposited the requisiteregistration fee with the defendant and also spent considerable amount in publicityof the film and in acquiring prints of the film.