agreement dated 7th February, 2000 the plaintiff
agreed to finance the defendant for production of a
film and the defendant agreed to assign the copyrights
p in the film which was to be produced by it to the
plaintiff. It was agreed that the plaintiff would
advance total loan of Rs.5,75,000,00/- in the manner
mentioned in para 7 of the agreement. The defendant
was to complete the film and deliver the master tape
alongwith original recording containing songs,
dialogue to the plaintiff on 31st March, 1994 with a
grace period of 60 days. In pursuance of the said
agreement the plaintiff advanced to the defendant
Rs.3,50,00,000/- as mentioned in Exhibit B to the
plaint. The defendant however was unable to complete
the film and to give the delivery of the master tape
within the stipulated time. On account of this, it
was agreed between the parties that the defendant
would refund to the plaintiff the sum of
Rs.3,50,00,000/- paid by the plaintiff to it under the
agreement dated 7th February, 2000 on or before 24th
September, 2002. The defendant also gave post dated
cheques for the repayment. The plaintiff on his turn
agreed that it would give up the claim for interest in
the event the defendant made the full repayment on or
before 24th September, 2002. Few of the cheques