Arijit Banerjee, J. - (1.) In this contempt application the petitioner alleges violation of this Court's judgment and order dated 24 December, 2014 passed in GA 2865 of 2013 filed in CS No. 331 of 2013 (Sanjay Jain v. Raj Kumar Saha & Ors.) .
(2.) The genesis of the case lies in the making of a Bengali film called 'Black Mmail'. The alleged contemnors (hereinafter referred to as the 'Sahas') appear to be carrying on, inter alia, the business of producing films in co-partnership through a firm. At the request of the Sahas the petitioner claims to have invested substantial sums of money in the making of the said film. A Memorandum of Understanding dated 10 January, 2013 appears to have been executed between the petitioner on one hand and the Sahas on the other inter alia to the following effect: (a) The amount of Rs. 14 lacs paid by the petitioner to the said firm by cash/cheque was duly acknowledged. (b) The petitioner was entitled to the profit to the extent of 40 per cent of the entire transaction with regard to the said film and if any loss was suffered by the said film then the same was to be shared equally. (c) Just after the release of the film, out of the amount realized by the said firm from the market, firstly the petitioner would be entitled to receive Rs. 14 lacs without deducting any expenditure. (d) The sum of Rs. 14 lacs shall be treated as charge on the partnership firm till repayment of the said advance to the petitioner. (e) The petitioner will have his right over the said film on the first release and its subsequent releases and such right would extend to all satellite rights, video rights and audio rights. (f) The D 5 cassettes for UFO and Quebe Digital, DG Beta cassette for satellite, Beta cassette for local channel, in all six cassettes of the said film will be handed over to the petitioner without making any copy thereof. The said film was released on 25 January, 2013. However, the Sahas did not return the sum of Rs. 14 lacs to the petitioner nor handed over the aforesaid six cassettes to the petitioner.
(3.) On the basis of the aforesaid allegations, the petitioner filed CS No. 331 of 2013 in this Court claiming inter alia, a decree for Rs. 64,81,982/- and perpetual injunction restraining the Sahas from making over the Digital and Beta cassettes of the film to any person other than the petitioner. In the said suit, the petitioner filed an interlocutory application being GA No. 2865 of 2013. The said application was disposed of by a judgment and order dated 24 December, 2014, the operative portion whereof is as under:- In view of the aforesaid there will be an order of injunction restraining the respondent nos. 1, 2 and 3 from realizing money on account of the film 'Black Mmail' from any of the other respondents or if already so realized, from using the same without keeping apart a of sum of Rs. 27,65,000/- upon intimation to the petitioner. As regards the D 5 cassettes for UFO and Quebe Digital and DG Beta Cassette for satellite and Beta cassette for local channel of the film 'Black Mmail', the same were to be handed over to the plaintiff in terms of the memorandum of agreement in terms of the clause 13 of the memorandum dated 10th January, 2013. Accordingly the respondent nos. 1, 2 and 3 are directed to hand over the aforesaid cassettes to the Advocates on record of the petitioner and the respondent nos. 1, 2 and 3 who will hold such cassettes as joint receivers without remuneration till the disposal of the suit. The order of injunction passed above will also continue till the disposal of the suit. It is this order, violation of which is alleged by the petitioner in the present application.;