- (1.) This appeal is directed against an order dated 17th March, 2010 passed by the Hon'ble First Court.
(2.) The facts revealed that the parties agreed that the appellant would grant licence for a period of three years to the respondent to enable the respondent to telecast 75 Bengali feature films on the respondent"s television channels. The total consideration in the agreement has been shown as Rs.30,03,00,000/- which was the original consideration for 77 Bengali feature films and subsequently it was agreed between the parties that the total consideration for 75 Bengali feature films would be Rs.29,25,00,000/-. It was further agreed that on signing of the memorandum the respondent would pay to the petitioner about Rs.15 crores. The petitioner made over 48 films to the respondent and instead of the respondent making payment of 50% of the total consideration, admittedly an initial payment of about Rs.10 crores was tendered to the appellant.
(3.) By a letter dated 26th December, 2009 the respondent claimed that 28 movies had been shown on its channel and a total payment on account of the 28 movies came to Rs.10,92,00,000/-. The respondent also informed that since it had already paid a sum of Rs.10 crore to the appellant the balance sum of Rs.92 lakh in respect of such films would be paid within a few days. The respondent also invited the appellant to collect the movie cassettes relating to all the films.;