TAPAN KUMAR GUHA(IN M.A. (F) NOS. 1 AND 2 OF 1983) AND MD. SHAMSUL HUDA(IN M.A. (F) 15/83) Vs. SHRI BALLABH NARAYAN DAGA AND OTHERS

JUDGEMENT

(1.) These three analogous appeals are from the common judgment dated 22.11.82 of the District Judge, Manipur at Imphal making the ad interim injunction absolute, in the matter of the Original suit No. 47 of 1982 in the Court of the Subordinate Judge No. II, Manipur, later transferred to the District Judge, Imphal.

(2.) Original Suit No. 47 of 1982, hereinafter referred to as 'the suit', was filed in the Court of the Subordinate Judge No. II, Manipur, later transferred to that of the District Judge, Imphal by Shri Ballabh Narayan Daga, sole proprietor of M/s. B.N. Daga, Gauhati and of M/s. Jhankar Films, Dharamsala Road, Imphal, as plaintiff against (1) Shri Tapan Kumar Guha, sole proprietor of M/s. Lali Films, No. 1, British India Street, Calcutta; (2) Md. Samsul Hoda, sole proprietor of M/s. S.H. Films Production, Aminpatti, Nowgong, Assam; (3) M/s. Yakohoma Production, a firm carrying on business at 36, Sea Palace, Juhu Tara Road, Bombay-400049; (4) M/s. Hind Cinema, a business firm carrying on Film Exhibition business, at Ganesh Chandra Avenue Calcutta, as defendants; and (5) Eastern India Motion Pictures Association, having its registered office at 98E, Chowringhee Street, Calcutta-700072, as proforma Defendant. It has been stated in the plaint, inter Alia, that the plaintiff has been running his cinema business under the name and style of Jhankar Films at Dharamsala Road, Imphal; the first defendant and the second defendant carry on cinema business in the territories of Manipur, Assam, Nagaland, Mizoram, Meghalaya, and Arunachal Pradesh; the third defendant is the producer of the film 'KHUDDAR'; the fourth defendant is a cinema exhibitor; and the 5th (Proforma) Defendant is an Association of persons engaged in the production, distribution and exploitation of cinematograph films and is registered under the provisions of the Companies Act, 1956.

(3.) It has been averred in the plaint that pursuant to an agreement arrived at between the first defendant on the one hand and the third defendant on the other, the latter as the producer of the film 'KHUDDAR', granted to the first defendant the sole right of its distribution, exhibition and exploitation in the torritory which is known to the film trade as 'eastern circuit', which includes the territory of Assam, Manipur, Nagaland, Mizoram, Meghalaya and Arunachal Pradesh; that the first defendant in his turn by an agreement dated 7.8.82 between him and the plaintiff assigned to the plaintiff the sole rights of distribution, exhibition and exploitation of the said film 'KHUDDAR' for the 'Assam territory' which includes, Manipur, Nagaland, Mizoram, Meghalaya, Assam and Arunachal Pradesh, which is referred to in the plaint as the contracted territory, for consideration of a sum of Rs. 7,25,000.00, Rs. 25,000.00 having been paid on signing the said agreement and the balance payable ten days before the release of the picture at Calcutta; and he applied for registration of the agreement to the fifth defendant. It further averred that on or about 13th or 14th Aug., 1982 the plaintiff learnt that the 2nd defendant also made an application to the 5th defendant for the registration of his agreement with the 1st defendant dated 14.4.82 for distribution, exhibition and exploitation of the same picture in the same contracted territory. The suit prays for: