LAWS(CAL)-2016-10-32

SANJAY JAIN Vs. RAJ KUMAR SAHA & ANR.

Decided On October 04, 2016
SANJAY JAIN Appellant
V/S
Raj Kumar Saha And Anr. Respondents

JUDGEMENT

(1.) In this contempt application the petitioner alleges violation of this Court's judgment and order dated 24 December, 2014 passed in GA 2865 of 2013 filed in CS No. 331 of 2013 (Sanjay Jain v. Raj Kumar Saha & Ors.) .

(2.) The genesis of the case lies in the making of a Bengali film called 'Black Mmail'. The alleged contemnors (hereinafter referred to as the 'Sahas') appear to be carrying on, inter alia, the business of producing films in co-partnership through a firm. At the request of the Sahas the petitioner claims to have invested substantial sums of money in the making of the said film. A Memorandum of Understanding dated 10 January, 2013 appears to have been executed between the petitioner on one hand and the Sahas on the other inter alia to the following effect:

(3.) On the basis of the aforesaid allegations, the petitioner filed CS No. 331 of 2013 in this Court claiming inter alia, a decree for Rs. 64,81,982/- and perpetual injunction restraining the Sahas from making over the Digital and Beta cassettes of the film to any person other than the petitioner. In the said suit, the petitioner filed an interlocutory application being GA No. 2865 of 2013. The said application was disposed of by a judgment and order dated 24 December, 2014, the operative portion whereof is as under:-