1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY & ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. OF 2009 IN SUIT (LODG.) NO. 3199 OF 2009 M/s. Insight Productions Pvt. Ltd. ... Plaintiff. V/s. M/s. Maverick Production Pvt. Ltd. ... Defendant. Mr. Vivek Kantawala for the Plaintiff. Mr. Ashish Kamath i/b. Ashok Purohit & Co. for the Defendant. CORAM : S.C. DHARMADHIKARI,J. DATED : 9th NOVEMBER 2009. P.C. :- Leave under Rules 143 and 147 of the High Court Original Side is granted to take out a Notice of Motion in terms of the draft Notice of Motion. 2. At the hearing of the ad-interim application, the Plaintiff and Defendant have tendered consent terms. They state that they have settled the matter. The total sum of Rs. 4,50,00,000/- shall be paid in the manner set out in the terms. On the execution of these terms, a sum of Rs.3,50,00,000/- has been paid, acknowledgment of which is recorded in the terms itself. 3. Mr. Kantawala, learned Advocate appearing on behalf of the Plaintiff, on instructions makes a statement that the 2 balance sum of Rs.1,00,00,000/- after deducting TDS shall be paid to the Defendant within the time stipulated in the terms. However, as a security for this outstanding sums/balance, the Plaintiffs have informed the Adlabs Films Ltd. that it is agreeable to a lien in respect of the subject film at the theatrical territories of Delhi, Uttar Pradesh and Eastern Punjab. In other words, Mr. Kantawala states that until this balance sum is paid, this film will not be released in these territories. 4. In these circumstances, and when post-dated cheques are handed over with regard to the balance sum to Mr. Kantawala. Undertaking of the Plaintiff in Clause 3 is accepted. 5. The Defendant in turn has agreed and willing to waive their rights in this film and all their claims then stand settled and/or withdrawn. That is the agreement recorded in Clause 3. 6. The agreement in Clause 4 is with regard to the release of the film and the displaying of the Logo on the film and promotional materials. 7. Both the Plaintiff and Defendants are Private Limited Companies. Their Directors/Authorized signatories have duly signed the terms and are present in Court. They state that the terms are arrived at after negotiations and mutual 3 discussions. They fully record the agreement between parties. The terms have also been explained and now understood with their implications and consequences. Even the undertakings are given with consent of the parties. 8. In these circumstances, I am satisfied that the Suit can be disposed off as the claim is amicably settled. Hence, the following order :- (i) The consent terms are taken on record and marked ‘X’ for identification. There will be an order in terms of the consent terms. The Suit is decreed accordingly. Refund of Court fees as per Rules. No order as to costs. Undertakings of the Plaintiff are accepted.” (ii) A copy of the letter dated 9th November 2009, addressed to Adlabs Films Ltd., shall be taken on record and be treated as part of the terms. 9. The Notice of Motion does not survive in the light of the disposal of the Suit. (S.C. DHARMADHIKARI,J.)