JUDGMENT :

S.C. GUPTE, J.

1. This notice of motion (Notice of Motion No. 2591 of 2019) has been taken out in a commercial IP Suit in respect of distribution and exploitation rights in two suit films, by the names of Sholay and Sholay-3D.

2. The rights are claimed by virtue of a film licence agreement executed between the parties thereto on 9 September 2015 for the period between 1 April 2016 to 31 March 2022 (“first agreement”) and a further agreement entered into between the parties on the same date i.e. 9 September 2015, for the period between 1 April 2022 and 31 March 2027 (“second agreement”). The first agreement was for a total consideration of Rs. 20 crores, whereas the second was for a total consideration of Rs. 5 crores. The agreements covered exploitation rights, such as electronic media rights, television rights, satellite broadcasting rights, etc. on a sole and exclusive basis by the Plaintiff herein (described in the agreements as ‘licensee’ Defendant No. 1 herein, the owner of copyright in the two suit films, being described as ‘licensor’). It is not in dispute that consideration payable under the first agreement has been more or less paid. The dispute really pertains to