NITIN JAMDAR,J. - (1.) These four appeals challenge the common judgment and order passed by the learned Single Judge dated 9 March 2020 whereby two notices of motions taken out in the suits filed by the Plaintiff were allowed, and an injunction was granted against the Appellants. Challenging this order, the Defendants have filed these Commercial Appeals.
(2.) Sholay Media Entertainment Private Limited ("Sholay Media") and Generation Three Entertainment Private Limited ("Generation Three" ) had given license to the Narendra Hirawat and Co. ("Plaintiff) for exploitation of rights in certain films. The licences were terminated on 18 June 2019. Upon termination of the licences, Plaintiff filed the suits on 26 August 2019 praying for specific performance of the license Agreements. Post-termination, Sholay Media and Generation Three created rights in favour of Goldmines Telefilms Private Limited (Goldmines Telefilms) on 24 October 2019. By the impugned order dated 9 March 2020, the Single Judge has by allowing interim application stayed the termination of the licence agreements and also consequently nullified the rights created in favour of Goldmines Telefilms. Therefore Sholay Media, Generation Three and Goldmines Telefilms are before us with their appeals.
(3.) The facts in the case of Sholay Media, briefly, are as follows: Plaintiff is the sole proprietorship of Mr. Narendra Hirawat. Plaintiff is in the business of films and entertainment media. An agreement was entered into between Sholay Media and Plaintiff on 9 September 2015 (first Agreement) granting a licence to exploit the Hindi feature films- Sholay and Sholay(3D), the Suit films. The consideration for this agreement was Rs.20 crore inclusive of applicable taxes. The duration of the agreement was from 1 April 2016 to 31 March 2022. Another film licence agreement was entered into between the parties on 9 September 2015 (second Agreement) with identical rights in respect of suit films for the period commencing from 1 April 2022 to 31 March 2027 for consideration of Rs.5 crores payable in the manner specified in the Agreement. Plaintiff committed defaults in payment. Sholay Media issued a termination notice on 23 October 2017. Thereafter the parties negotiated and entered into a Memorandum of Settlement on 5 November 2018, and a Deed of Settlement was executed on 3 December 2018. Since there was non-payment by the Plaintiff in payment as per the schedule specified in the Deed of Settlement, Sholay Media sent a notice on 18 June 2019 calling upon the Plaintiff to make payment of the total outstanding amount within the period stipulated otherwise the licence under the Deed of Settlement would stand revoked. Sholay Media also sent a communication to the sub-licensee of Plaintiff regarding termination of the licence. The termination notices issued by Sholay Media offered to return the amount which was taken. Sholay Media issued a public notice on 17 August 2019. In this situation, Plaintiff approached the court with Commercial IP Suit No.1387/2019 for a declaration that Plaintiff is the sole and exclusive licensee and that Sholay Media be restrained by order of permanent injunction and to quash the termination letter and notices. Plaintiff also sought damages to the tune of Rs.100 crore. Notice of Motion No.2591/2019 was filed in this suit for interim relief.;