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1996 Supreme(Del) 52

High Court Of Delhi
UNION OF INDIA - Appellant
Versus
WORLD TEL.INC - Respondent
Decided On : 01/08/1996

Headnote:Civil Procedure Code 1908 - Order 39 Rule 1 & 2 — Interim relief — Merely because the granting of interim relief will have effect of granting the substantial relief in the suit will not be ground for not considering the claim of interim relief — The Courts have discretion to grant such relief in appropriate cases.

        Contract Act, 1872 - Section 69 & 70 — Unjust enrichment — Relief of specific performance of contract not granted to the f — The other party to contract is not entitled to retain the amount paid under the contract — Direction given for return of the amount of other party.

       Specific Relief Act, 1963 - Section 20 — Grant of relief of injunction — Third party interest created in the matter — Specific enforcement of contract likely to prejudice interest of such third party who was giving the impression that the contract was not final — Discretionary relief of specific performance of contract cannot be granted.

S. D. Pandit, J.

( 1 ) THIS interim application is filed by the original. plaintiff in S. 2685/95 to get ad-interim injunction.

( 2 ) SUIT No-2685/95 is filed by the plaintiff against in all four defendants. A premier sporting event, viz. 1996 Cricket World Cup is due to be held in February-March 1996 in which 37 matches are to be played in India, Pakistan and Sri Lanka. Defendant No. 3 is a Joint Managing Committee set up by the Cricket Control Boards of India, Pakistan and Sri Lanka and is popularly known as pilcom . The said world cup is also named and titled as Wills World Cup 1996.

( 3 ) DEFENDANT No. 1, World Tel. Inc. is the holder of the exclusive world radio and television rights of the said Wills World Cup and the said rights are granted to defendant No. 1 by defendant No. 3 by agreement dated 23. 8. 1993. Defendant No. 2, Star Television is an international television network whereas Defendant No. 4 is the Cricket Control Board of India.

( 4 ) IT is the case of the plaintiff that on 14. 5. 1994 a contract took place between plaintiff and defendant No. 1 and defendant No. 1, by the said greement, granted to the plaintiff exclusive live broadcting rights within India with respect to all forms of television, including commercial and non-commercial, cable, satellite, pay T,v. and pay per view as well as radio for all world cup mathces in these series, without any limitation. It was also agreed that plaintiff was to pay to defendant No. l U. S. $47,50,000 for the said exclusive television and radio rights. Out of the aforesaid amount 30 per cent was to be paid on 15. 7. 1994; 30 per cent on 15. 1. 1995; 30 per cent in October 1995 and 10 per cent on 15. 1. 1996. It is the case of the plaintiff that as per the said agreement the plaintiff has paid 90 per cent of the amount to defendant No. 1.

( 5 ) ON 14. 5. 1995 a Memorandum of Understanding was signed between plaintiff and defendant No. 1 which reflects the said agreement between the parties. It is further averred by the plaintiff that plaintiff was all along ready and willing to perform his part of the contract and the final agreement between the parties could not be written and signed for no fault of the plaintiff. Plaintiff has made the payment in order to show its readiness and willingness to accept the terms of the contract. But the defendant No. 1 in order to avoid the contract in question has falsely alleged that the third instalment was payable on 15. 10. 1995, but the defendant No. l had given extension of lime till 27. 10. 1995 and on 26. 10. 1995 the third instalment of 30 per cent of the agreement amount was despatched by bank draft to defendant No. l. But in spite of the same the defendant No. l has illegally and improperly written a letter on 1. 11. 1995 making false allegations against the plaintiff that the plaintiff was not ready and willing to execute the agreement and that the plaintiff has alsonot paid the third instalment in time and has terminated the contract between plaintiff and defendant No. l by the said letter dated 1. 11. 1995. Plaintiff has, therefore, filed this suit for getting the declaration that the letter dated 1. 11. 1995 is illegal and invalid and to get a decree for specific performance of the agreement dated 14. 5. 1994 and to pass a decree of perpetual injunction restraining the defendant No. 1 from acting in any manner on the letter dated 1. 11. 1995 and from granting to any third party the live broadcasting rights within India ineluding all forms of television including commercial and non-commercial television, cable, satellite, pay T. V. , pay per view as well as radio rights in respect of Wills World Cup 1996. Plaintiff further wants a perpetual decree of injunction to restrain the defendants either by themselves or through any person other than the plaintiff live broadcasting rights within India including all forms of television including commercial and non-commercial television, cable, satellite, pay T. V. , pay per view a
























































































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