IN THE COURT OF BOMBAY CITY CIVIL COURT, MUMBAI

Original Suit No.

BETWEEN

MR. RAKESH
MANAGING DIRECTOR
24 FRAMES Q ENTERTAINMENT PRIVATE LTD.
MUMBAI. ……. PLAINTIFF

AND

MS. KATHE
YOUTH INFLUENCER/DANCER
MUMBAI ….…. DEFENDANT

Plaint under Order VII Rule 1 read with Section 26 of Civil Procedure Code, 1908, for
Damages due to Breach of Contract

Description of the Plaintiff

The plaintiff, Mr. Rakesh, is the Managing Director of 24 Frames Q Entertainment Private
Ltd. in Mumbai. His company organizes film events, and they have a very good reputation in
the industry for three decades. The plaintiff resides in Mumbai. Contact no.- +91 89032
35484.

Description of the Defendant

The defendant, Ms. Kathe, is an youth influencer and a dancer who is very popular among
youth. She has the highest social media following and is one of the biggest stars in India. The
defendant resides in Mumbai. Contact no.- +91 78998 11660.

The plaintiff respectfully submits the following

1. That the defendant, on the date 01/07/2021, was contracted to perform on stage in an event
named ‘Film Award Function’ for Rs. 1 Crore, and 20 lakhs was also given in advance.
2. That the defendant was expected to participate in rehearsals at the studio for which Mr.
Akira Rao, a top choreographer was hired on the insistence of the defendant.
3. That the defendant on 18/07/21, informed the plaintiff that she would not perform, and she
stopped attending rehearsals without giving valid reasons for withdrawal.
4. That the defendant willingly breached the contract by not attending the rehearsals from
18/07/21, and she deliberately participated in public functions and social gathering on
15/07/21 before the event, having full knowledge that she was not permitted to do so as per
the contract.
5. That the cause of action arose to the plaintiff on 18/7/2021 when the defendant refused to
attend the rehearsal and also participated in social gatherings before the event, the defendant
refused in Mumbai, so according to S. 20 of CPC this suit is within the jurisdiction of
Bombay City Civil Court, Mumbai.
6. That due to the actions of the defendant, the plaintiff has suffered grave financial and
reputational loss which can be seen from the bills and media posts made. It amounts to a
valuation amounting to Rs 80,00,000/-.
7.That the value of the suit for the purposes of jurisdiction approximately Rs.80,00,000/-
(Rupees eighty lakhs only) on which a Court fee of Rs. 109,230/- (Rupees one lakh nine
thousand two hundred and thirty only) has been paid.

ISSUES:
1. Whether there was a breach of contract.
1.1 Whether the defendant’s withdrawal from the agreed performance at the film award
function is a breach of contract.
1.2 Whether the defendant participating in other functions 20 days before the event is a
breach of contract.
2. Whether the defendant’s action led to reputational and financial damage for 24 Frames Q
Entertainment Private Ltd.
2.1 Whether the defendant’s withdrawal from the agreed performance at the film award
function led to reputational damage for 24 Frames Q Entertainment Private Ltd.
2.2 Whether defendant’s action led to financial losses for 24 Frames Q Entertainment Private
Ltd.
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RELIEFS:
That on the adjudication of the facts stated above the Hon’ble Court may be pleased to:
A. Compensate for the breach of contract by the defendant amounting to Rs
20,00,000/- which was the advance given to her.
B. Compensate for the financial losses which includes arrangements for the
defendant’s programme, amounting to Rs 20,00,000/-.
C. Compensate for the reputational damage of 24 Frames Q Entertainment
Private Ltd. amounting to Rs 40,00,000/-.
Or pass any other order, which the Hon’ble Court may deem fit in the light of equity, justice,
and good conscience.

VERIFICATION

Mr. Rakesh is the Managing Director of 24 Frames Q Entertainment Private Ltd. the plaintiff
do hereby declare and verify that the contents of the plaint have been explained to me and the
same is correct.

Verified on 01/07/2021 at Mumbai.

Plaintiff’s Signature

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 List of the Documents

Date Description of the Document Remark

01/07/2021 Performance Contract Photocopy

04/07/2021 Cheque of Advance Payment Photocopy

25/07/2021 Legal Notice Photocopy

03/08/2021 Acknowledgment of Legal Notice Photocopy

15/07/2021 Photo Evidence against Defendant Photocopy

10/08/2021 Bill of Arrangements Photocopy

08/08/2021 Media Posts Photocopy

Plaintiff’s Signature

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 FILM AWARD FUNCTION PERFORMANCE CONTRACT

The Agreement (hereinafter referred to as this Agreement) is made on 1/07/2021.

BETWEEN

Mr. Rakesh, Managing Director of 24 Frames Q Entertainment Private Ltd., having its office
in Mumbai, hereinafter referred to as the "Organizer,"

o PARTY A

AND

Ms. Kathe, a Dancer residing in Mumbai, hereinafter referred to as the "Performer."

o PARTY B

WHEREAS, PARTY A is organizing a Film Award Function, a mega event in North India
to popularize South Indian movies.

WHEREAS, PARTY B is a renowned artist, widely recognized and admired among the
Indian audience, particularly the youth, with the highest number of followers on social media
has agreed to perform at the Event.

NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties
agree as follows:

1. PERFORMANCE
The artist agrees to perform a dance at the event, as per the specifications provided by
the company. The performance shall be a duration of 30 minutes. During the course of
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 the agreement, she shall not participate in any public functions or social gatherings
before the event.

2. COMPENSATION
In consideration of the artist's performance, the company shall pay the artist a total
sum of Rs. 1 Crore (Rupees One Crore only). An advance payment of Rs. 20 lakhs
(Rupees Twenty Lakhs only) have already been made to the Artist, the receipt of
which is hereby acknowledged by the Artist.

3. LOCATION OF PERFORMANCE
Performance shall be in North India.

4. REHEARSALS
The artist agrees to participate in rehearsals at the rehearsal at the designated studio,
as mutually agreed upon by the parties.

5. INTELLECTUAL PROPERTY RIGHTS

The Artist hereby assigns all intellectual property rights, including but not limited to
copyright, arising out of her performance at the Event to the Company.

6. INDEMNIFICATION
The Artist shall indemnify and hold harmless the Company from and against any
claims, losses, damages, liabilities, costs, and expenses arising out of or in connection
with any breach of the representations, warranties, or obligations under this
Agreement by the Artist. In case of non-performance of the contract, the artist will
have to bear the necessary costs.

7. TERMINATION
Either party may terminate this Contract upon written notice to the other party in the
event of a material breach of any provision herein.
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 8. GOVERNING
This Agreement shall be governed by and construed in accordance with the laws of
India. Any dispute arising out of or in connection with this Agreement shall be subject
to the exclusive jurisdiction of the courts in Mumbai City Civil Court.

9. ENTIRE AGREEMENT

This Agreement constitutes the entire understanding and agreement between the
parties with respect to the subject matter hereof and supersedes all prior agreements,
understandings, negotiations, and discussions, whether oral or written, between the
parties.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date
first above written.

Signature: _______________________

Name: Mr. Rakesh

Managing Director

Signature: _______________________

Ms. Kathe

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 CHEQUE OF ADVANCE PAYMENT

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 LEGAL NOTICE
Date: 25/07/2021.
From: Mr. Rakesh
Managing Director, 24 Frames Q Entertainment Private Ltd., Mumbai
To: Ms. Kathe
Subject: Legal Notice for Breach of Contract and Damages
Dear Ms. Kathe,
This letter is to inform you that you have materially breached the terms and conditions of the
said agreement by not fulfilling your obligations therein. As per the terms agreed upon, you
were contracted to perform a dance at the Film Award Function for Rs 1 crore, organized by
24 Frames Q Entertainment Private Ltd. in Mumbai. You were also provided with an advance
payment of Rs. 20 Lakhs towards the same.
However, despite our repeated attempts to communicate with you and find out the reasons for
your withdrawal, you have without proper justification refused to take part in rehearsals and
subsequently backed out from performing at the event. You have thereby caused significant
economic loss and damage to our company's reputation.
This serves as official notice of your breach. If you do not provide a satisfactory response
within 15 days from the receipt of this letter, we will proceed with legal action against you.
We hereby also demand that you rectify the breach at the earliest by attending the rehearsals
and participating in the event as per the terms agreed upon in the contract. Failure to meet this
demand will leave us with no choice but to initiate a suit against you for the recovery of
damages sustained by our company due to your actions.
Please be advised that any further communication on this matter should be directed to our
legal representatives.
Yours sincerely,
Mr. Rakesh, Managing Director
24 Frames Q Entertainment Private Ltd. Signature

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 ACKNOWLEDGEMENT OF LEGAL NOTICE
Date: 03/8/2021
From: Ms. Kathe
Dance performer.
To: Mr. Rakesh
Managing Director, 24 Frames Q Entertainment Private Ltd.
Mumbai
Subject: Replay to legal notice for breach of contract
Dear Mr. Rakesh,
This letter is to inform you that I agree there was agreement made between us regards to the
dance performance at Film Award Function and I was paid Rs. 20 lakhs in advance nothing
less.
There is no damage followingly:
1. Reason, I have attended the rehearsal several times but in between I have not
attended. By which it addresses that 20 lakhs payment paid was worthy as per my
popularity in the country and hence no question arises about the damages.
There was no breach of contract:
1. Reason, clearly, I had sent a notice regarding my health that I had COVID-19
positive, and as per the government rules and regulations, I was deemed to be
quarantined for 14 days and I was told to rest for at least 10 days.
2. Reason, the COVID-19 virus is very contagious. If I had attended the show, a number
of people would have tested positive for COVID-19 and I couldn’t take such risk. Due
to my safety purpose and the public, I have valid grounds for not attending the
function. If I had attended the function, both of us would’ve been charged on the
grounds of spreading a deadly virus. Hence, no questions regards recovery/demand of
damages or breach of contract arise.

Please be advised that any further communication on this matter should be directed to our
legal representative.
Your sincerely,
Ms. Kathe

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 Signature

PHOTO EVIDENCE AGAINST DEFENDANT

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DATE – 15/07/21

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 BILL OF ARRANGEMENTS

DATE – 10/08/21

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 MEDIA POSTS

DATE – 08/08/21

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