G D MEHTA Vs. ASHOK HONDA

JUDGEMENT

(1.) The issue no.6 of the issues framed on 24.3.2008 is as under:

(2.) The plaintiff has instituted a suit for recovery of money on the basis of an agreement dated 18.1.2003 modified/amended vide letters dated 18.1.2003 and 24.1.2003 between the plaintiff and the defendant No.1 for distribution of a movie produced by the defendant no.1, by the plaintiff as distributor. It is the case of the plaintiff that as per the said agreement, upon the plaintiff being unable to recover within six months from the date of the release of the movie, the advance amount of Rupees twenty five lacs paid to the defendant no.1 as producer, the defendant no.1 had agreed to refund the said sum of Rupees twenty five lacs to the plaintiff and had undertaken not to telecast the movie on satellite channel/Doordarshan before paying the plaintiff the unrecouped amount of Rupees twenty five lacs paid by the plaintiff to the defendant no.1.

(3.) The suit as originally filed, besides against the defendants no.1 and 2 aforesaid was also instituted against "MAX Satellite Channel, Division of M/s. Set India Pvt. Ltd.", impleaded as the defendant no.3. The plaint described the defendant no.3 as a premium satellite channel, which is a division of the defendant no.2.