IN THE HON’BLE CITY CIVIL AND SESSIONS COURT, MUMBAI.
ORDINARY ORIGINAL CIVIL JURICDICTION
Civil suit No. 319 of 2012
Chetan Bhagat s/o Shekhar Bhagat, Hindu, aged 40 years,
r/o 121/C, Jalsa bungalows, Santacruz, Mumbai, 302021. [Plaintiff]
Versus
Raju Hirani s/o Sanjay Hirani, Hindu, aged 43 years,
r/o G-22, Galaxy Apartment, Bandra, Mumbai, 302011. [Defendant]
The defendant abovementioned states as follows:
i) That, the defendant in the execution of this written statement, all the
allegations made by the plaintiff in the plaint, as abovenamed, are farce and
baseless and in fact the defendant contends that the plaintiff himself
committed the breach of the contract.
ii) That, the defendant contends that the suit filed by Mr. Chetan Bhagat, the
plaintiff, is not maintainable.
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iii) That, the defendant admits the facts stated in the para (iii) by the plaintiff in
the plaint that the defendant surely liked the playwright of the plaintiff and
called the plaintiff at my office to produce the movie on the same.
iv) That, the defendant agrees with the facts stated in the para (iv) by the plaintiff
in the plaint that on 10th March 2010, after meeting the plaintiff and
understanding whole play, the defendant asked for the permission to make the
movie on the playwright of the plaintiff.
v) That, on the same day, the defendant and the plaintiff further entered into the
written agreement that the defendant would pay Rs. 35,00,000 /- (Thirty-five
lakhs) to the plaintiff in return of the permission to use the playwright of the
plaintiff. The copy of the said agreement is annexed herewith as Annexure A
vi) The defendant further contends that, after 3 months of the written agreement
above mentioned, the plaintiff sold the copyright of the same playwright to
other producer, in the greed of more money, to make the same movie which
the defendants was planning to make and committed the breach of contract.
vii) That, the defendant agrees with the facts stated in the para (vi) by the plaintiff
in the plaint that in the year 2012, the defendant releases a movie title ‘2
States’ based on the concept of provincialism; a love story of boy from south
India who want to marry a girl from north India but further states that the story
line of the movie ‘2 States’ was sold to the defendants by other writer named
‘Salim Khan’ and it was completely original. So, the defendant completely
disagrees with the facts stated in the para (viii) by the plaintiff in the plaint
that the defendant has produced a movie based on the play written by plaintiff
without his permission.
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viii) The defendant further contends that the plaintiff is putting totally wrong and
baseless allegations on the defendant because the movie of the defendant was
released before the movie of the plaintiff and because of the same theme the
movie of the plaintiff didn’t work well in business.
ix) The defendants pray that:
- That, the plaintiff should be punished for committing breach of contract
and ordered to return back the amount of Rs. 35,00,000 /- (Thirty-five
lakhs) which was taken as the consideration in the written contract.
- That, the plaintiff should be ordered to compensate the defendant for the
loss incurred breach of contract that is Rs. 15,00,000/- (Fifteen lakhs)
- The plaintiff should be ordered to pay the defendant’s costs of the suit
i.e. Rs. 2,50,000/- (Two Lakhs fifty thousand).
Mr. Raju Hirani
(Defendant)
VERIFICATION
I, Mr. Raju Hirani, the defendant abovenamed, do solemnly declare that what is stated
in paras i, ii, iii, iv, v, vi and vii is true to my own knowledge and that what is stated in
remaining paras is stated on the information and belief and I believe the same to be true.
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Mr. Raju Hirani
(Defendant)
AFFIDAVIT
IN THE HON’BLE CITY CIVIL AND SESSIONS COURT, MUMBAI.
ORDINARY ORIGINAL CIVIL JURICDICTION
Civil suit No. 319 of 2012
Mr. Chetan Bhagat [Plaintiff]
v/s
Mr. Raju Hirani [Defendant]
I, Mr. Raju Hirani, the defendant abovenamed, do solemnly declare that what is stated
in paras i, ii, iii, iv, v, vi and vii is true to my own knowledge and that what is stated in
remaining paras is stated on the information and belief and I believe the same to be true.
Solemnly declared: Mr. Raju Hirani
At Mumbai, Maharashtra, (Defendant)
On the 2nd October, 2012.
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