ATUL SHAH Vs. ANIL SHARMA

JUDGEMENT

(1.) IN this appeal exception is taken to the Order dated 2.9.98 passed by the learned Judge of the City Civil Court at Bombay on Notice of Motion No.3757 of 1998 in S.C. Suit No. 4357 of 1998. The present appeal is filed by the Original Plaintiff.

(2.) IT is the case of the Plaintiff that the Plaintiff had advanced various amounts to Defendants No.1 and 2 from time to time for the purpose of production of a film titled "Policewala Goonda". Defendants had agreed to refund the said amounts on or before the release of the said film. The Defendants specifically confirmed that a sum of Rs. 67,00,000/- was due and payable by them to the plaintiff. They admitted and undertook their liability by a writing dated 21.4.97 to the effect that until the said amounts are paid to the plaintiff, they will not release and exhibit and/or exploit the said film "Maharaja" within the territory of Bombay in respect of which they had obtained distribution, exhibition and exploitation rights. When the Plaintiff approached the Defendants for the money, they started giving excuses to evade payment and, therefore, the Plaintiff was constrained to file the present suit.

(3.) MR . Shah also made a serious grievance about the learned Judge's interpretation of Order 2 rule 2 to which, I shall advert a little later. Mr. Shah drew my attention to paragraph 13 of the plaint and contended that the suit is essentially filed for enforcing the specific negative covenant and this is clear from the fact that the Plaintiff has sought liberty of the court under the provisions of Order 2 rule 2, to file a substantive suit to recover the amounts if need arises.