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1960 Supreme(P&H) 66

BISHAN NARAIN, I.D.DUA
N. Hardip Singh – Appellant
Versus
Hira Films – Respondent


Judgment

1. Hira Films of Bombay is a firm which produced the film knows as "Chandni Chowk". This firm, through its world distributing agents, Tribhavan Productions, again of Bombay, entered into an agreement with Sikand Films of Jullundur in 1953 whereunder the Jullunder firm was appointed to be the distributing agents for five years to exploit this film-Chandni Chowk-in the territories of the Punjab, Pepsu, Himachal Pradesh and Jammu and Kashmir on certain terms. The Jullundur firm exploited the film for a certain period and then on 22-2-1955 the Sikand Films filed the present suit in the Court of the Senior Sub-Judge, Jullundur, against the Bombay firm for recovery of Rs. 17,500.00 as damages, for delivery of a fourth print of the film and for a declaration that the plaintiff firm was entitled to recover damages at the rate of Rs. 1,000.00 per day from the date of the suit till the delivery of the fourth print. The trial Court decreed the suit for delivery of the fourth print on payment of Rs. 1,400.00 and awarded Rs. 2,000.00 as damages but refused to grant the declaration for future damages. Dissatisfied with this decree the plaintiff has filed the present appeal in this Court











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