Point of Law: Agreement to write the script – Enforcement of Rights - plaintiff, if succeeds in the suit, he will be entitled for damages and quantum of damages has to be ascertained only after trial.

JUDGMENT :

(Prayer: This Application is filed under Order XIV Rule 8 of Original Side Rules read with Order XXXIX Rule 1 & 2 and under Sections 151 of CPC prayed to grant an order of ad interim injunction, restraining the respondents/defendants, their men, agents, employees or anyone acting through or under them, from proceeding with the production, promotion or release of any film based on the script annexed herewith as Plaint Document No.3, under the title “''Zindabad'” or any other title, during the pendency of the present suit proceedings.)

1. The suit is filed by the agreement holder against the script writer/director the 1st defendant seeking permanent injunction from producing, promoting, directing or releasing any film based on the script annexed to the Plaint under the title 'Zindabad' or any other title, with any other production house other than the plaintiff and to direct specific performance of the agreement dated 22.11.2018 directing the 1st defendant to hand over all copies of the script, annexed to the Plaint and to direct the movie titled “''Zindabad'” at the instance of the plaintiff as per the terms and condition stipulated in the agreement and to direct the 1st defendant to pay Rs.1,00,00,000/- as damages to the plaintiff.

2. The case of the plaintiff is that, they are reputed film production house who had entered into an agreement with the 1st defendant for script writing and directing a movie under the title 'Zindabad'. The 1st defendant and the plaintiff are old acquaintance. Earlier, the 1st defendant has directed films for the plaintiff's company. It was agreed by the 1st defendant to develop the script narrated to the plaintiff along with one Aadhi Pinisetty, who supposed to play a leading role in the said proposed movie. The film direction agreement was entered on 22.11.2018. Rs.50,000/- was advanced to the 1st defendant for developing the script. The 1st defendant agreed to provide his exclusive services as the writer and director. Having agreed to develop the script and direct the movie for the plaintiff with Aadhi Pinisetty as the hero, the 1st defendant had failed to honour the terms of the agreement with an intention to work on the script of another horror movie and direct the same simultaneously. The 1st defendant persuaded to the plaintiff to produce the next horror movie also or allow him to find out third party producer for the next horror movie casting Aadhi Pinisetty in the leading role.

3. Considering the good relationship with the 1st defendant and considering the idea promoted by the 1st defendant by mutual understanding by both of them, the plaintiff referred the 1st defendant to one Pawankumar a common friend who was a producer under the banner Srinivasaa Silver Screen. Pawankumar who was not only interested to be co-producer for 'Zindabad' and also interested to pursue the horror movie script. During the period from December 2018 to May 2019, the 1st defendant continued to work on the film 'Zindabad' availing the facility provided by the plaintiff as per the agreement. Based on the assurance given by the 1st defendant, the plaintiff commenced the pre-production work of the film by setting up a production team in his office to handle the logistic of the film, location, script supervision and casting etc. The attempt of the 1st defendant to fetch a producer for horror film did not fructify. However, he demanded payment for developing the horror film script and at his request, the plaintiff has paid Rs.1,00,000/- for the expense of the horror film.

4. On 16.06.2019, the 1st defendant promised that the script for the film 'Zindabad' along with the horror movie script will be ready for final narration within 10 days. On 20.06.2019, the 1st defendant requested for some more time to complete the script for 'Zindabad'. Hence, the narration date was shifted to 04.07.2019. On 03.07.2019, the 1st defendant informed the plaintiff that the script was ready. However, he sought for further extension of