GIREESH LAL, GOWRI MEENAKSHI Vs. RAVIKUMAR S, NAZEER N M, QUBE CINEMA TECHNOLOGY, UFO MOVIES, PAXD KINFRA FILM AND VEDIO PARK KAZHAKUTTOM, REAL IMAGE TECHNOLOGIES PRIVATE LIMITED

JUDGEMENT

(1.) The appellants are defendants 1 and 2 in O.S. No. 10/2019 on the file of the IInd Additional Sub Court, Thiruvananthapuram. They are Producers of Malayalam movie captioned as 'Muhammadum Albiyum Shathrukalaya Katha'. The 1st respondent, plaintiff obtained in I.A.108/2019 an order under Order XXXVIII Rule 5 of the Code of Civil Procedure (for short the Code) attaching the Hard Disc/CD content of the said original movie kept in the custody of the defendants 4 to 7. Being aggrieved by the impugned order of attachment before judgment of the IInd Additional Sub Court, Thiruvananthapuram passed on 14.2.2019, the defendants 1 and 2 in O.S No. 10/2019 have filed this appeal.

(2.) The first respondent-plaintiff is a business man. He filed O.S. No. 10/2019 for realisation of '.91,88,333/- from appellants alleging that the latter borrowed '85 lakh from him in several instalments since February 2018 for the purpose of producing the above Malayalam film and after repeated demands for return of the amount, the appellants finally executed and delivered on 9.5.2018 a cheque in the name of the first respondent for a sum of '85 lakh post dated to 15.11.2018 drawn on Catholic Syrian Bank, Ulloor Branch, Thriuvananthapuram. When the cheque got dishonoured for insufficiency of funds on presentment, the first respondent issued notice demanding discharge of debt and since the appellants failed to discharge the debt, the suit for realisation of '85 lakh with 12% interest from the date of delivery of the cheque was filed.

(3.) The defendants 3 to 7 who are said to be the custodians of Hard Disc did not appear and contest the suit in as much as there is no relief sought against them in the suit. The appellants denied the plaintiff's case and opposed the I.A. No.108/2019 on various grounds of facts and law.