PADMA KHASTGIR
DAGA FILMS – Appellant
Versus
LOTUS PRODUCTION – Respondent
( 1 ) THIS suit w,as filed by Messrs. Daga Films, the plaintiff herein, against Messrs. Lotus Production and Mr. D. N. Mehta for (a) declaration that the document dated 7th April 1970 is void and/or voidable; (b) perpetual injunction restraining the defendants from enforcing the said document dated April 7, 1970 by realising any further sum from the plaintiff in respect of the film 'juari'; (c) decree for Rs. 1,00,000/- by way of damages and (d) injunction, Receiver cost and other consequential reliefs.
( 2 ) THE defendant No. 1 did not contest the suit nor filed any written statement The defendant No. 2 Mr. D. N. Mehta filed a written statement and also contested the suit. The facts of this case are that the plaintiff carried on business in partnership as distributor of cinematographic films and the defendant No. 1 carried on business of motion pictures production at Ranjit Studio, Dadar, Bombay. The defendant No. 1 as such producer was producing a motion picture in Hindi version in black and white title 'juari'. On 18th March 1964 an agreement was executed by and between the plaintiff and the defendant No. 1 wherein the defendant No. l assigned to the plainti
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