Full Judgment
TA No.46 of 2014 T No.98 of 2014 GA No.1020 of 2014 CS No.118 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE DISHA MEDIA PVT.LTD.Versus COSMIC BROADCASTING NETWORK INC.
& ANR.
BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 3rd April, 2014.
Appearance: Mr.Mr.Mr.Mr.Surajit Nath Mitrra, Sr.Advocate S.S.Bose, Advocate Saurav Gupta, Advocate Abhijit Sarkar, Advocate The Court: This interim application in aid of the suit concerns a television channel by the name “Disha”.
I am told that it broadcasts, amongst other things religious programmes and devotional songs.
It entered into a legal relationship with the defendants.
The latter became a partner or collaborators of the plaintiff in the United States for broadcast of the programmes in that country.
This is evidenced by a memorandum of understanding dated 1st December, 2010 between the parties.
It contains profit sharing clauses.
I was shown minutes of the meeting held at Kolkata on 22nd December, 2013, between the parties where the defendants agreed to remit “the said entire over due amount of US Dollars 111,978.6” to the plaintiff by 25th October, 2013.
Mr.Mitra, learned Senior Advocate, submits that there is a breach of that promise.
The plaintiff terminated the contract in December, 2013.
The defendants are continuing to claim rights under the above agreement.
An affidavit of service is on record.
It states that the papers were sent to the defendants on 27th March, 2014 by Speed Post.
On the above facts prima facie the defendants should not be allowed to claim any rights under the agreement or any broadcasting rights relating to the programmes of the channel “Disha”.
Order in terms of prayers (b) & (c) of the Notice of Motion valid till 16th May, 2014 or until further orders whichever is earlier.
I give the defendants another opportunity to appear to seek variation of this order.
I make this application returnable on 17th April, 2014.
Certified photocopy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.
G/ (I.P.MUKERJI, J.)