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Suresh Jindal v/s Rizzoli Corriers Della Sera Prodzioni T.V. S.P.S. and Others

    F.A.O. (O.S.) No. 156 of 1990

    Decided On, 14 December 1990

    At, High Court of Delhi

    By, THE HONOURABLE MR. JUSTICE M.K. CHAWLA & THE HONOURABLE MR. JUSTICE ARUN KUMAR

    For the Appearing Parties : Arun Mohan, D.N. Sawhney, R.K.P. Shankardass, O.P. Popli, S.K. Tewari, Advocates.



Judgment Text

ARUN KUMAR, J.


This is an appeal against the judgment of the Learned Single Judge dated 24-8-90 whereby two applications bearing I.A. No. 6439/89 and 790/90 in S. No. 2332 of 1989 moved by the plaintiff for interim relief have been dismissed. The appellant filed a suit for specific performance of an alleged agreement dated 2nd May, 1989. In the said suit, apart from the prayer for specific performance, the plaintiff also made certain prayers regarding mandatory and permanent injunctions. In the first application for interim relief, the following relief's were sought:


"(a) an interim injunction restraining the defendants, their associates, agents, servants or nominees, from carrying on with the preparation, production or shooting of the film, "THE MYSTERIES OF THE DARK JUNGLE", including the finalising of any agreement, arrangement or understanding with any actor, film technician or other person, proposed to be in any manner, connected with the other production of the same.


(b) an interim injunction restraining the defendants, their servants, agents or nominees from transferring and/or assigning the rights of the plaintiff under the agreement and the letter of confirmation to any other person."


2. During the pendency of the said application, the plaintiff moved another application bearing LA. No. 790/90 wherein he sought to restrain defendants, from carrying on with the production or exhibition of the aforesaid picture, without the participation and/or involvement of plaintiff, as one of the producer.


3. The case of the plaintiff, as set out in the plaint is that defendants proposed to make in India a mini T.V. serial, titled "The Mysteries of the Dark Jungle" based on an Italian novel. The plaintiff is a renowned film personality in India having several films to his credit. The defendants were unable to make any headway in their project and even the permission of the Government of India which was a prerequisite before the start of such a project had not been received. The plaintiff is said to have been approached by defendant No. 4 for self and on behalf of defendants 1 to 3 in connection with the making of the said T.V. serial on 30th April, 1989. Besides the aspects of arranging Government permission for making the T.V. serial in India, the defendants are stated to have consulted the plaintiff on various facilities, conditions and constraints in India for the production of the said T.V. serial. What was essentially desired of the plaintiff was to arrange to get the Government of India approval for the project and then to act as a co-producer and discharge all such functions as a co-producer might be required to do. It is further the case of the plaintiff that on 2nd May, 1989, the defendant No. 4 made an offer to the plaintiff for self and on behalf of defendants 1 to 3 regarding their intended future relationship which was

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accepted by the plaintiff. A Memorandum regarding the said