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2 was not a party to the agreement under which the plaintiff arid financed the making of film “Ganga Jamuna Saraswati” by defendant No. The liability, if any, to pay to the plaintiff against the suit claim under the agreement in question appears to be that of defendant No. 1 from exhibiting or showing its new film “Giraftar”, the plaintiff aims at making the defendant No. By seeking of a restrained against the defendant No. 1, but it failed to make payment of the amounts due and payable to the plaintiff. Subsequently, few more films were produced by defendant No. 1, on being approved by the plaintiff to make the payment, expressed his inability on the excuse of having financial constraints. On prohibitory order issued by the Income Tax Authorities being vacated, the defendant No. However, contrary to assurance given by the defendants, only small amounts were paid to the plaintiff by defendant No. The film was, accordingly, released and exhibited. 1, to the distributors without a written consent from the plaintiff. 2 was allowed to release the prints of the film, as per the needs of the defendant No. 2, on an oral undertaking of both the defendants to make the payment of the amount due to it, the plaintiff agreed to the release of the film “Ganga Jamuna Saraswati”. 1 was restrained from making payment of the amount due to the plaintiff Income Tax Authorities, in pursuance of a meeting held between the plaintiff, defendant No. 1 for recovery of the amount due from it. The plaintiff was, thus, prevented from taking out any proceedings against defendant No. 1 was prohibited from making any payment of the amounts due to the plaintiff under the agreement relating to production of the said film. By an order dated passed by Income Tax Authorities under Section 132(3) of the Income Tax Act, 1961, the defendant No. On or about 23rd of February, 1988 during the period when the said film was under production, there was a search and seizure at the premises of the plaintiff by the Income Tax Department. It was scheduled to be released on or about 22/23 December, 1988. The film “Ganga Jamuna Saraswati” was completed sometime in later half of 1988. 1 failed to pay the amount due and payable to the plaintiff. 2, accordingly, transferred in their records the negatives of the said film in the name of the plaintiff and agreed to act as per instructions of the plaintiff only in regard to all affairs concerning delivery of release-prints of the film to the distributors, appointed by defendant No. of the said film in trust for and on behalf of the plaintiff till such time the payment of entire amount that would become payable, was not made to the plaintiff. As security for repayment of all amounts due and payable to the plaintiff, the defendant No. for delivering the same to various territorial distributors of the film “Ganga Jamuna Saraswati”. 1 for the purposes of processing negative of all kinds and taking out release-prints etc. 1, are claimed payable by the defendant No. The sums advanced on different dates carried interest 23% p.a In addition, certain other amounts accruing under the agreement, executed between the plaintiff and defendant No. 1, a producer if cinematograph films, in connection with making of a film titled “Ganga Jamuna Saraswati”. 1,62,46,250/- alleging that as a financier it had advanced diverse sums aggregating Rs. The plaintiff filed a suit against the defendants for recovery of Rs. 8202/2001), plaintiff seeks an order of injunction restraining the defendants for selling, transferring or allowing any person in any manner from exhibiting, telecasting or showing the film “Giraftar” through any media.Ģ. B.N Chaturvedi, J.- By an application under Order XXXIX Rules 1 and 2 CPC (IA.