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2010 DIGILAW 509 (CAL)

Eskay Video Private Limited v. Brand Value Communications Limited

2010-05-10

HARISH TANDAN, PINAKI CHANDRA GHOSE

body2010
JUDGMENT: The Court: This appeal is directed against an order dated 17th March, 2010 passed by the Honble First Court. The facts revealed that the parties agreed that the appellant would grant licence for a period of three years to the respondent to enable the respondent to telecast 75 Bengali feature films on the respondent’s television channels. The total consideration in the agreement has been shown as Rs.30,03,00,000/- which was the original consideration for 77 Bengali feature films and subsequently it was agreed between the parties that the total consideration for 75 Bengali feature films would be Rs.29,25,00,000/-. It was further agreed that on signing of the memorandum the respondent would pay to the petitioner about Rs.15 crores. The petitioner made over 48 films to the respondent and instead of the respondent making payment of 50% of the total consideration, admittedly an initial payment of about Rs.10 crores was tendered to the appellant. By a letter dated 26th December, 2009 the respondent claimed that 28 movies had been shown on its channel and a total payment on account of the 28 movies came to Rs.10,92,00,000/-. The respondent also informed that since it had already paid a sum of Rs.10 crore to the appellant the balance sum of Rs.92 lakh in respect of such films would be paid within a few days. The respondent also invited the appellant to collect the movie cassettes relating to all the films. According to the appellant, even after terminating the agreement the respondent has continued to telecast the said films without any authority. It is further submitted on behalf of the appellant that after the termination of the agreement all the films have been returned to the petitioner, the respondent under the law has no right to telecast any of the said films. Mr. Pratap Chatterjee, learned Senior Advocate, appearing in support of this appeal contended that even though the respondent may have returned the said films but in fact the respondent may have prepared copies of the said films since the respondent insists that it has a right to telecast them. On the contrary, it has been stated by Mr. Mr. Pratap Chatterjee, learned Senior Advocate, appearing in support of this appeal contended that even though the respondent may have returned the said films but in fact the respondent may have prepared copies of the said films since the respondent insists that it has a right to telecast them. On the contrary, it has been stated by Mr. Jayanta Mitra, learned Senior Advocate that the price of each film would be about Rs.39 lakh and the payment has already been made in respect of 28 films and the respondent does not want to extend the agreement or to continue with the same and/or telecast the other films which were handed over to the respondent. It is submitted that the respondent has already expressed his desire to pay the additional sum of Rs.92 lakh in terms of the agreement in respect of the said 28 films. Having considered the submissions made on behalf of the parties, it appears to us that at this stage there is no necessary to grant any order of injunction to restrain the respondent to telecast the said 28 films and as the respondent has already undertaken before the Honble First Court to abide by the rights of the respondent under the memorandum in respect of the films which has chosen for the period of three years and not to exploit the films any more that would have been entitled to do so if the agreement had not been terminated. Furthermore, we do not intend to interfere with the order at this ad-interim stage. We do not find that any case has been made out by the appellant to have an order of injunction at this stage since no grounds have been made out and there is no justifiable apprehension has been made out by the appellant at this stage. Accordingly, we do not find any reason to interfere with the order so passed by the Honble First Court. Hence, we dismiss this appeal. All parties concerned are to act on a xerox signed copy of this order on the usual undertakings. Urgent xerox certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.