ABBAS HAKIM Vs. VIPIN GUPTA & ANR

JUDGEMENT

(1.) These two appeals are filed by the two defendants in the suit impungning the Judgment of the Trial Court dated 03.07.2006 by which the trial court has decreed the suit filed by respondent no.1/plaintiff/Sh. Vipin Gupta and passed a money decree for the suit amount of Rs. 10,35,000/- with interest against the two defendants who were held jointly and severally liable. The defendant no.1 in the suit, is the appellant/Chaitra Advertising P. Ltd. in RFA No. 177/2007, and the defendant no.2/Mr. Abbas Hakim is the appellant in RFA No. 626/2006. Since the impugned judgment which is challenged in both the appeals is the same judgment, both these appeals filed by the two defendants in the suit are disposed of by this common judgment.

(2.) The facts of the case are that respondent no.1/plaintiff filed the subject suit for recovery of principal amount of Rs. 9,00,000/- with interest of Rs. 1,35,000/-, totalling to Rs. 10,35,000/-, by pleading that the respondent no.1/plaintiff had purchased rights in the serial "Sunehre Warq" produced by the defendant no. 2/Sh. Abbas Hakim in terms of an Agreement dated 10.01990. In the Agreement dated 10.01990, the respondent no.1/plaintiff paid a sum of Rs. 12,50,000/- to defendant no.2/Sh. Abbas Hakim. Since the telecast of the serial "Sunehre Warq" could not take place as the respondent no.1/plaintiff could not get sponsorship, consequently, the defendant no.2 sent a Notice dated 21.06.1990 terminating the Agreement with the respondent no.1/plaintiff. Thereafter, the defendant no.2 entered into an agreement with defendant no.1 for telecast of the serial with Doordarshan. All the three parties being, the respondent no.1/plaintiff, and the two defendants being the appellant/defendant no.1 in RFA No. 177/2007 and appellant/defendant no.2 in RFA No. 626/2006, entered into a Tripartite Agreement dated 16.05.1991/Ex.P- In terms of this Tripartite Agreement the respondent no.1/plaintiff received a sum of Rs. 3,50,000/- from the appellant/defendant no.2 in RFA No. 626/2006 and the balance amount of Rs. 9,00,000/- was payable by the appellant/defendant no.1 in RFA No. 177/2007 in three installments of Rs. 3,00,000/- each, payable on telecast by Doordarshan of the 4 th, 6th and 8th episode of serial "Sunehre Warq" by 21.07.1991, 04.08.1991 and 17.08.1991 respectively. Respondent no.1/Plaintiff claimed that though the serial "Sunehre Warq" was telecast, the amount of Rs. 9,00,000/- was neither paid by the defendant no.1 nor the defendant no.2, and hence for the recovery of Rs. 9,00,000/- plus interest totalling to Rs. 10,35,000 the subject suit came to be filed.

(3.) The defendants filed their separate written statements and contested the suit. They denied their liability. They pleaded that the respondent no. 1/plaintiff had colluded with one Sh. Dheeraj Kumar to file a suit at Mumbai for restraining the telecast of serial "Sunehre Warq" and which had caused loss to defendants, although at the same time it was conceded in the written statement that in Sh. Dheeraj Kumar's suit for injunction, Sh. Dheeraj Kumar could not get any injuntion either by the City Civil Court or from the Appellate Court.