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1998 Supreme(Mad) 1177

K.M.NATARAJAN, C.SHIVAPPA
Multichannel (India) Limited, Rep. By Its Director, Mumbai – Appellant
Versus
Kavitalaya Productions Private Limited and Others – Respondent


Appearing Advocates:P. P. Rao, Mohan Parasaran, P. S. Raman, Advocates.

Judgment :-

C. SHIVAPPA, J.

This appeal is directed against the order dated 23-6-1998 passed on O.A. No. 254 of 1998 in C.S. No. 375 of 1998, by the learned single Judge on the original jurisdiction of this Court.

2. The appellant as plaintiff has filed the suit seeking for a declaration that the letter sent by the respondent No. 2, dated 4-5-1998, terminating the contract (Contract for Time Sales) in respect of the telecast of two serials, namely, 'Balachander China Thirai' and 'Marmadesam', as illegal and void. The second relief which has been sought for is a consequential declaration that the agreement dated 30-5-1997 entered into between the appellant and the respondent No. 2 is valid and subsisting in respect of the above mentioned serial and further consequently that the appellant is exclusively entitled to sell the free commercial time allocated to the abovesaid Tele Serials on any Television Channel. In the light of the abovesaid prayers, consequential relief of permanent injunction has also been sought for and as an interim measure, prayed for an interim injunction pending trial of the suit.

3. On an earlier occasion, the appellant herein prayed for an order of interim injunc
























































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