MAGAN MAL SETHIA AND ORS. Vs. PIJUSH SAHA

JUDGEMENT

(1.) An application for addition of party and amendment of the plaint is being opposed by Shree Venkatesh Films Pvt. Ltd., the proposed defendant No.3. The learned Counsel for the original defendant as well as the proposed defendants invited this Court to decide the matter without affidavits.

(2.) In or about 16th May, 2011, the plaintiff filed a suit against the respondent, namely, Pijush Saha praying, inter alia, for decree for a sum of Rs.30,86,844/- and a decree of perpetual injunction restraining the defendant, his men, agents, servants, assigns, successor-in-interest, successor-in-office and/or each one of them from selling, transferring, alienating, mortgaging, hypothecating and/or creating any third party interest in any manner whatsoever in respect of the rights of the film "Kella Fate" in any manner whatsoever.

(3.) The plaintiff contended that the defendant approached the plaintiff for a loan of Rs.25 lacs for production of the Bengali Film "Kella Fate". It was represented that the defendant would be requiring Rs.25 lacs to complete the production of the said Film. The defendant assumed to refund the loan with interest at the rate of 18 per cent per annum within three months from the date of release of the said film and in any event by March 31, 2011. On such representation, the plaintiff agreed to lend and advance a sum of Rs.25 lacs.