Civil Procedure Code, 1908

Order 39 Rules 1 &2

Interim injunction — defendants restrained from assigning, licensing or releasing of film titled Aashayein and from issuing any order/letter allowing and authorizing release of print of the film titled Aashayein in favour of any third party — Once the contract is vitiated by fraud or misrepresentation, it is a settled law that the party may either rescind the contract or recover damages or both — Damages would be more appropriate remedy than passing injunction because it would not only put the parties to the proceedings at loss but also cause hardship and losses to the other persons whose monies are invested in the film — Defendants to deposit 30% of total amount paid by the plaintiff in equal proportion — Subject to this condition, the defendants at liberty to release the film.