Calcutta High Court
Sanjay Jain vs Raj Kumar Saha & Ors on 28 November, 2023
OD-13
ORDER SHEET
IA No. GA/9/2023
In
CS/331/2013
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
SANJAY JAIN
-VS-
RAJ KUMAR SAHA & ORS.
BEFORE:
The Hon'ble JUSTICE KRISHNA RAO
Date : November 28, 2023.
Appearance:
Mr. Rajeev Kumar Jain, Adv.
Ms. Laila Khatun, Adv.
...for the plaintiff
Mr. Sarosij Dasgupta, Adv.
Mr. Biswaroop Mukherjee, Adv.
Ms. Saheli Bose, Adv.
...for the defendant nos. 1 to 3
Mr. Rittick Chowdhury, Adv.
Mr. S. K. Poddar, Adv.
...for the defendant nos. 5 & 6.
The Court: Mr. Rajeev Kumar Jain, learned counsel, is appearing for
the plaintiff. Mr. Sarosij Dasgupta, learned counsel, is appearing for the
defendant nos. 1, 2 and 3 and Mr. Rittick Chowdhury, learned counsel, is
appearing for the defendant nos. 5 and 6.
The defendant nos. 5 and 6 have filed an application being
GA/9/2023 praying for deletion/striking off their names from the suit or in
the alternative for rejection of the plaint.
Counsel for the defendant nos. 5 and 6 submits that there is an
allegation against the defendant nos. 5 and 6 but the defendant nos. 5 and
6 are only the hall booking agents and nothing to do with the claim made
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by the plaintiff and as such, the defendant nos. 5 and 6 are not the
necessary parties in the suit and prays for deletion of their names from the
plaint.
Counsel for the plaintiff has handed over a copy of the order passed
by this Court in GA/2865/2013 in CS/331/2013 wherein while disposing
of the said application, the Hon'ble Court has passed the following order :-
"(23) In view of the aforesaid there will be an order of injunction
restraining the respondent nos. 1, 2 and 3 from realizing money
on account of the film 'Black Mmail' from any of the other
respondents or if already so realized, from using the same without
keeping apart a of sum of Rs. 27,65,000/- upon intimation to the
petitioner.
(24) As regards the D 5 cassettes for UFO and Quebe Digital and
DG Beta Cassette for satellite and Beta cassette for local channel
of the film 'Black Mmail', the same were to be handed over to the
plaintiff in terms of the memorandum of agreement in terms of
the clause 13 of the memorandum dated 10th January, 2013.
Accordingly the respondent nos. 1, 2 and 3 are directed to hand
over the aforesaid cassettes to the Advocates on record of the
petitioner and the respondent nos. 1, 2 and 3 who will hold such
cassettes as joint receivers without remuneration till the disposal
of the suit. The order of injunction passed above will also
continue till the disposal of the suit."
In view of the judgment passed by this Court dated 24th December,
2014 in GA/2865/2013, this Court is of the view that the balance of
convenience and inconvenience is in favour of the plaintiff and passed
injunction against all the defendants and as such, at this stage, it is not
proper for this Court to delete the names of the defendant nos. 5 and 6
from the plaint.
In view of the above, GA/9/2023 is disposed of.
Counsel for the defendant nos.5 and 6 prays for time to file written
statement.
Let written statement be filed within three weeks from date.
Let CS/331/2013 be listed on 20th December, 2023.
(KRISHNA RAO, J.)
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