AMALA SHANKAR Vs. MANDIRA KAR

JUDGEMENT

(1.) THE applicant seeks to clamber on board on her apprehension that the present defendants have lost interest and will present a cakewalk for the plaintiffs to undeservingly establish title over the subject film. The plaintiffs resist the applicant's attempt to be impleaded on divers counts, the foremost of them being that there is no right that the applicant can assert over the film.

(2.) THE heirs of danseur Uday Shankar question, in the suit, a gift of the film made by the maestro by a registered document. On an interlocutory application an order was made on September 26, 2000 restraining the defendants from creating any third party right over the said film without leave of Court. Such order is subsisting.

(3.) THE applicant asserts that she entered into an agreement with the first defendant on February 2, 2002 by which the first defendant agreed to transfer or assign her rights in respect of the said film for valuable consideration in favour of the applicant. Two clauses of the agreement are of some relevance. The second clause provides that the first defendant would have no right over the film from the date of the agreement. The third clause notices the present suit and provides that the agreement would come into force after the final adjudication of this suit.