AUM MEDIA PUBLISHER, LLC vs MOHIB MIRZA Ss — 2022 CLC 585 KARACHI-HIGH-COURT-SINDH

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AUM MEDIA PUBLISHER, LLC VS MOHIB MIRZA Ss.12, 21, 42, 54 & 56---Civil Procedure Code (V of 1908), O.XXXIX, Rr.1 & 2---Suit for specific performance of agreement, declaration and injunction---Interim injunction, setting aside of---Money as adequate relief---Moulding of relief---Dispute was with regard to release of a commercial film---Plaintiffs who were investors of the project sought restraining of its exhibition in market due to violations of contractual liabilities by defendants---Validity---Plaintiffs disappeared for nearly almost a lapse of one year---Despite knowledge that team of the project stuck up abroad, plaintiffs failed to show any courtesy to look after them or even sent a twit for their team to return safely---No written notice for breach of contract was ever issued to plaintiffs by defendants---Defendants also failed to place on record any paper / agreement with new investor---Condition for further financing or investment was expressly mentioned in the agreement which provided with mutual consent of parties which was lacking---Neither plaintiffs fulfilled their part of agreement by providing finance timely nor defendants performed their obligations as ordained in the agreement---Relief by way of injunction whether temporary or permanent was in the discretion of Court---Such was clearly mentioned under S. 21 of Specific Relief Act, 1877, that a contract could not be specifically enforced which in its nature was recoverable and or a contract for non-performance of which compensation of money was an adequate relief---Provision of S.56 of Specific Relief Act, 1877, provided that an injunction could not be granted to prevent breach of a contract, the performance of which would not be specifically enforced---Plaintiffs did not have any lawful justification to force defendants for a reluctant relationship---High Court directed the defendants to provide solvent surety equivalent to the amount claimed by plaintiffs with Court and defendants were at liberty to release the film as per their own wishes---Court had ample power to mould relief to the facts and circumstances of the case---Application was dismissed, in circumstances.

AUM MEDIA PUBLISHER, LLC vs MOHIB MIRZA Ss — 2022 CLC 585 KARACHI-HIGH-COURT-SINDH

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