MEGA BOLLYWOOD PVT LTD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS Criminal Application filed under Section 482 Criminal Procedure Code seeks quashing of the order dated 18th March, 2008 passed in Misc. Application No.722 of 2007 and the order dated 20th July, 2007 passed in Misc. Application No.376 of 2000 by the Sessions Court, Mumbai. It is also prayed that the agreements dated 1st August, 2007 and 3rd August, 2007 executed by respondent no.3-the Receiver appointed by the impugned orders, be declared null and void. At the time of hearing of the application, Mr. Tulzapurkar, the learned Senior Counsel for the applicant stated that the said two agreements with respondents No.5 and 6, now being on the verge of expiry, the applicant does not seriously challenge them and that the real concern of the applicant is about the agreements that may be entered into in future by respondent no.3, the Receiver.

(2.) ' Briefly stated, the facts giving rise to the present application are as follows :.

(3.) ' Later, further directions came to be given in respect of the film at the time of final disposal of the main proceedings i.e. Special Case No.4 of 2001. In its judgment passed on the main case, the Special Court took into consideration the agreements dated 14th April, 1999 with respondent no.4/accused no.3, the agreement dated 21st October, 1999 with the applicant and the contentions of respondent No.2/accused no.1 in respect thereof. Respondent no.2/accused no.1 contended before the Special Court, which contention has been reiterated before this Court that though the agreement dated 21st October, 1999 had been executed with the applicant, the same has not come into effect as the further steps needed to be taken to make the agreement effective had not been taken. He however admitted receipt of financial assistance of Rs.10 crores from the applicant. On appreciation of the entire evidence before it, the Special Court, felt that the agreement with the applicant may be a bogus agreement executed only to mislead any inquiry or investigation by the police. It therefore did not accept the claim of the applicant to the film and opined that, it was necessary, for the applicant to file proceedings in a competent civil Court to prove genuineness of the agreement between it and respondent no.2/accused no.1. The learned Judge held that the contention of the applicant, in respect of world rights control of the film, had to await decision of the competent civil Court in this regard. But, at the same time the Court thought it fit as an act of fairness to refund the amount to the financers alongwith interest. Accordingly the applicant, as well as, respondent no.4/accused no.3 have received together a total sum of Rs.12 crores alongwith interest thereon at the bank rate as ordered. Despite, the above specific observations of the Special Court, the applicant has not till date, even after expiry of 7 long years, filed any proceedings in the competent civil court to assert its rights under the agreement.