Dismissed

Sanjay Gupta v. Saundarya Production Pvt.Ltd and 3 Ors.

Bombay HC25 Jun 2015S/543/2015

Case brief

AI extract

What is this about?

單軌 High Court disposed of a suit and notice of motion by consent. The plaintiff undertook to deposit Rs. 20 Lakhs in installments. Upon full deposit, orders restraining the plaintiff were stayed and later withdrawn. Defendants were restrained from filing/entertaining specific complaints. Merits remained open with deposit subject to future litigation.

What did the court decide?

Plaintiff to deposit Rs. 20 Lakhs; stay and later withdrawal of Defendant No. 4's order enforced; Defendants restrained from filing/entertaining specific complaints pending suit on deposit, if ordinar

Sanjay Gupta Vs Saundarya Production Pvt.Ltd and 3 Ors. — Company and Corporate | Bombay HC (2015)

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901-SL536-15.DOC

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Shephali

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT (L) NO. 536 OF 2015

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WITH

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NOTICE OF MOTION (L) NO. 1450 OF 2015

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Sanjay Gupta…Plaintiff
Versus
Saundarya Production Pvt. Ltd. & 3 Ors.…Defendants

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Mr. Ashish Kamath, with Mr. Amit Naik, Madhu Gadodia, Mr. Ravi
Suryawanshi, i/b Naik Naik & Co., for the Plaintiffs.
Mr. Rajiv Narula, i/b Jhangiani Narula & Associates, for Defendant
No. 2.
Mr. Mahesh Khadilkar, i/b M/s. MAG Legal, for Defendant No. 3.
Mr. Snehal Shah, with Mr. Ashish Mehta, Mr. Nikhil Mallelwar, i/b
Purav Jitendra Damania, for Defendant No. 4.

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CORAM: G.S. PATEL, J DATED: 25th June 2015

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PC:-

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1.Parties have agreed on minutes of the order. These will
dispose of both the Notice of Motion and the Suit. A copy of the
minutes tendered, with my handwritten corrections made in Court,
are taken on record and marked “X” for identification.

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901-SL536-15.DOC

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2. The following order is agreed to by consent:

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(a) The Plaintiff undertakes to deposit a sum of Rs.20,00,000/- (Rupees Twenty Lakhs Only) (“ The Deposit ”) with the Prothonotary & Senior Master, High Court, Bombay in the following manner:

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(i) Rs.5,00,000/- (Rupees Five Lacs only) within one week from the date of this order, i.e., on or before Thursday, 2nd July 2015;

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(ii)Rs.5,00,000/- (Rupees Five Lacs only) on or
before 23rd July 2015;

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(iii) Rs.5,00,000/- (Rupees Five Lacs only) on or before 25th August 2015;

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(iv) Rs.5,00,000/- (Rupees Five Lacs only) on or before 23rd September 2015.

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The undertaking is accepted as an undertaking to
Court. Upon each such deposit being made, the
Prothonotary & Senior Master shall invest the amount
of the deposit in a Fixed Deposit with any Nationalised
Bank at optimal rates but for a term not extending
beyond 31st October 2015.

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(b) In view of the above:

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901-SL536-15.DOC

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(i)Defendant No.4’s order and direction dated
27th May 2015 passed by the Defendant
No.4 (“Defendant No. 4’s Order”) is
hereby stayed and the same shall not be
acted upon or enforced against the Plaintiff
or any cinematograph films with which he is
associated. Defendant No.4 shall
communicate this stay of Defendant No.4’s
Order to all its members and affiliates in
express terms. Defendant No.3 shall publish
the fact of this stay of Defendant No.4’s
Order in the same publication with the same
prominence as the publication of Defendant
No.4’s Order was done.

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(ii)Defendants Nos. 3 and 4 shall not entertain
any complaint made by Defendant Nos. 1
and 2 against the Plaintiff in relation to their
claim for refund of the token sum of
Rs.45,90,000/- (Rupees Forty Five Lakhs
Ninety Thousand Only) paid to the Plaintiff
in accordance with the Confirmation Letter
dated 16th April 2015 (“the Claim”).

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(iii)

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Defendant Nos. 1 and 2 shall not file or
prosecute any complaint/action in relation to
the Claim before either Defendant Nos. 3
and 4 or any other similar trade Association.

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901-SL536-15.DOC

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The existent complaints shall also not be
prosecuted and shall stand disposed.

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(iv)

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Upon deposit of the aforesaid sum of
Rs.20,00,000/- (Rupees Twenty Lacs only)
by the Plaintiff in court, the Defendant
No.4’s Order shall stand withdrawn and
recalled. Accordingly, Defendant No.4 shall
also communicate to its members and
affiliates in express terms that the Defendant
No.4’s Order stands withdrawn and
recalled. Defendant No.3 shall publish the
withdrawal / recall of Defendant No.4’s
Order in the same publication and with same
prominence as the publication of Defendant
No.4’s Order was done.

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(v)However, Defendant Nos. 1 and 2 shall be
entitled to file a civil suit for and in respect
of the Claim before any competent Civil
Court. The Plaintiff shall be entitled to file a
counter claim or an independent suit raising
all his claims against the Defendants
including the Claim raised in this suit. Leave
and liberty granted in these terms.

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(vi)If the Defendant Nos. 1 and 2 institute such
suit in any competent Court, the amount of
deposit of Rs.20,00,000/- shall stand

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901-SL536-15.DOC

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transferred to the credit of such suit and
Defendants Nos. 1 and 2 shall be entitled to
apply to that Court for retention /
withdrawal of such deposit and such
application made by Defendant Nos. 1 and 2
shall be considered independently
uninfluenced by this order, and on its own
merits. Similarly, the Plaintiff shall be
entitled to contend that the Deposit is liable
to be refunded to him. All rights and
contentions in this behalf are kept open.

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(vii)If Defendant Nos. 1 and 2 fail to file the suit
and secure appropriate reliefs relating to the
deposit on or before 31st October 2015 the
deposit shall be refunded by the
Prothonotary and Senior Master to the
Plaintiff with accrued interest. Alternatively,
the deposit shall abide by the order passed in
the suit filed by the Defendant Nos. 1 and 2.

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(c)In case the Plaintiff defaults in depositing any of the
above installments, then the stay on Defendant No. 4’s
Order and directive dated 27th May 2015 shall stand
vacated and the Suit shall stand dismissed. All parties
shall be entitled to adopt such proceedings as they may
be entitled to in law. In the event the Plaintiff defaults
in depositing any of the above instalments, the Plaintiff
shall not be entitled to a refund of the deposit amount

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901-SL536-15.DOC

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and the Defendant Nos. 1 and 2 shall be entitled to
apply for reliefs in relation to the deposit and such
application made by Defendant Nos. 1 and 2 shall be
considered independently uninfluenced by this order
and on its own merits.

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3.Accordingly, the Notice of Motion and Suit stand disposed
of in the foregoing terms. All issues, rights and contentions of all
parties on merits are expressly kept open. It is clarified that the
deposit made by the Plaintiff is in the peculiar facts and
circumstances of the case and shall not be a precedent in any
circumstances. There shall be no order as to costs.

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4.Upon disposal of the Suit as contemplated above, refund of
court fees, if any, in accordance with Rules.

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5.Learned Advocate for Defendants Nos. 3 and 4 states that it
will not be possible to issue the necessary notice in the trade
publication by tomorrow as that might already have gone to press.
However, learned Advocate for Defendant No. 4 makes a statement
on instructions that the 4th Defendant will by the end of the day
tomorrow issue an appropriate email communication to all
associations/affiliates concerned in accordance with the foregoing
terms.

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6.I have to record that in this matter I have heard Mr. Kamdar,
learned Senior Advocate for the Plaintiff, Mr. Narula for the 2nd
Defendant, Mr. Godbole for the 3rd Defendant and Mr. Shah for
the 4th Defendant at some length before the parties arrived at this

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901-SL536-15.DOC

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arrangement. It is made clear that the foregoing order is without
any adjudication whatsoever on merits or the rival contentions,
including in particular as to the question of jurisdiction of the 3rd
and 4th Defendants. All contentions of all sides are expressly kept
open.

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7.It is clarified that in the foregoing minutes agreed by the
Plaintiff, it is the Plaintiff who has come to Court, and who has
agreed to make a deposit to show his bona fides. This, obviously, is
in the peculiar facts and circumstances of this case and cannot and
will not constitute a precedent in any other case.

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8.It is also clarified that this order does not foreclose either the
Plaintiff or the 1st and 2nd Defendant for adopting any proceedings
as they may be advised against each other.

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(G. S. PATEL, J.)

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Sanjay Gupta v. Saundarya Production Pvt.Ltd and 3 Ors.

Case brief

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Sanjay Gupta v. Saundarya Production Pvt.Ltd and 3 Ors.

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