Radhakrishna Productions Pvt. Ltd. Vs Ikkon Films Pvt. Ltd

Radhakrishna Productions Pvt. Ltd. entered into a term sheet on 1 April 2010 with Ikkon Films Pvt. Ltd. for assigning worldwide rights in film Will You Marry Me for Rs 5.5 crore executing copyright assignment on 17 May 2010 and film finance agreement on 9 September 2010 with defendant no.2 advancing Rs 3.85 crore but defendants breached by not completing film by stipulated date failing to refund and creating third party rights via MOU dated 9 February 2012 and sixteen agreements with defendants 3 and 5-21 prompting suit in 2012 seeking declarations of validity infringement invalidity injunctions refund damages and costs with plaintiff leading unchallenged evidence via PW-1. The court reasoned that unchallenged evidence and lack of cross-examination or defense establishes agreements' validity breaches infringement and invalidity of subsequent deals drawing adverse inference under Section 114 Evidence Act rejecting emotional damages as plaintiff is company but awarding compensatory costs for defendants' negligent conduct. Suit decreed declaring assignments valid breaches infringement subsequent deals invalid granting permanent injunctions ordering refund Rs 3.85 crore with 12% interest till suit and 8% thereafter plus Rs 10 lakh costs.

- Unchallenged facts in pleadings or cross-examination deemed admitted: Maroti Bansi Teli v. Radhabai w/o Tukaram Kuni & Ors., (2011) 15 SCC 330, Para 18.

- Adverse inference drawable under Section 114 Evidence Act for failure to lead evidence or cross-examine: Iswar Bhai C. Patel v. Harihar Behera, (1999) 3 SCC 457, Para 20.

- Uncontroverted deposition on oath accepted as true: Anita Sharma & Ors. v. New India Assurance Company Ltd. & Anr., (2021) 8 SCC 783, Para 13.

- Compensatory costs awardable considering parties' conduct under amended Section 35 CPC in commercial suits: Para 34.

Radhakrishna Productions Pvt. Ltd. Vs Ikkon Films Pvt. Ltd. & Ors., Order date: 5th January 2026, Case Number: Commercial IP Suit No. 98 of 2012, Neutral Citation: N/A, Name of court: High Court of Judicature at Bombay, Name of Judge: Arif S. Doctor, J.

[Readers are advised not to treat this as substitute for legal advise as it may contain errors in perception, interpretation, and presentation]  

[Written By: Advocate Ajay Amitabh Suman, IP Adjutor [Patent and Trademark Attorney], High Court of Delhi]