LAWS(BOM)-2018-12-93

BASE INDUSTRIES GROUP Vs. MAHESH P RAHEJA

Decided On December 20, 2018
Base Industries Group Appellant
V/S
Mahesh P Raheja Respondents

JUDGEMENT

(1.) By this Commercial Appeal, the Appellants take exception to the order dated 13th / 22nd July, 2018 passed by the learned Single Judge in Chamber Summons No. 488 of 2018 in Commercial Execution Application No. 63 of 2017 in Suit No. 119 of 2016. By a detailed and reasoned impugned order, the learned Single Judge dismissed the Chamber Summons filed by the Appellants. Hence, the present Appeal.

(2.) The Appellants before us were Defendant Nos.1 and 2 before the Trial Court and Respondent Nos.1, 2 and 3 herein were the Plaintiffs. Respondent Nos.4 & 5 herein were Defendant Nos.3 & 4 before the Trial Court. For the sake of convenience, we shall refer to the parties as they were arrayed before the Trial Court.

(3.) The brief factual narration is that, the Suit was originally filed by the Plaintiffs seeking a decree in favour of Plaintiff No.1 in the amount of Rs.74,10,000/-; in favour of Plaintiff No.2 in the amount of Rs.1,71,00,000/- ; and in favour of Plaintiff No.3 for an amount of Rs. 2,25,86,250/-. Apart from the money decree, a prayer was also sought for a declaration that the Plaintiffs have a lien and charge on two films "Welcome Back" and "Hera Pheri 3" produced by Defendant Nos.1 and 2.