Remanded

Prime Focus Ltd. v. Yash Tejpal Shah and 9 Ors.

Bombay HC13 Aug 2018NMA/771/2018

Case brief

AI extract

What is this about?

The court disposed of an appeal and pending motion concerning film negatives. Issues on limitation and lien were raised during hearing; the court remanded the matter to the Single Judge for proper adjudication on merits after affordig parties an opportunity to raise these issues.

What did the court decide?

Appeal disposed; order of Single Judge set aside and matter remanded to Single Judge by consent for decision on merits.

Prime Focus Ltd. Vs Yash Tejpal Shah and 9 Ors. — Execution and Attachment | Bombay HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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ORDINARY ORIGINAL CIVIL JURISDICTION

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APPEAL (lodg)NO.364 OF 2018 IN COURT RECEIVER'S REPORT NO.66 OF 2018 IN CHAMBER SUMMONS NO.866 OF 2012 IN EXECUTION APPLICATION (L) NO.1207 OF 2011

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Prime Focus Ltd.

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Versus 1.Yash Tejpal Shah & Ors.

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...Appellant

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with NOTICE OF MOTION (LODG) NO.818 OF 2018

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Mr.Arif Bookwalla, Senior Advocate with Mr.Tushar Bhavsar I/b. Jayant S.Gaikwad, for the Appellant.

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Mr.Rajiv Narula for the Respondent.

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Mr.D.R.Shetty, Court Receiver present.

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Mr.Sanjay Kadam with Ms.Apeksha Sharma, Mr.Sanjel Kadam, Ms.Sayli Rajpurkar I/b. Kadam & Co., for Respondent No.8.

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Mr.Shriniket Deshpande I/b. Naik Naik & Co., for Respondent No.9.

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CORAM : NARESH H. PATIL, ACTING CJ & G.S. KULKARNI, J. DATE : 13^th August, 2018 ---

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P.C.:

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The learned Senior Counsel Mr.Bookwalla submits that the

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appellant will not part with or create third party interest in respect of

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the negatives, prints of the film which are subject matter of the appeal.

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The issues in respect of the limitation and lien are raised

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during the course of hearing. It is submitted that the issues in respect of the limitation and lien were not specifically raised before the learned Single Judge and raised for the first time before this Court. The parties need to be given an opportunity to raise the issues before the learned Single Judge in respect of the subject issues.

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On instructions, both the learned Counsel submit that the matter can be remanded back to the learned Single Judge to facilitate the parties to raise appropriate issues before the learned Single Judge.

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We have expressed no opinion on the merits and the contentions advanced before us.

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We set aside the order passed by the learned Single Judge and remand the matter back, by consent. Needless to mention that the learned Single Judge shall decide the matter on its own merits. All the contentions of the parties are kept open.

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Prashant Vilas Rane

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Digitally signed by Prashant Vilas Rane Date: 2018.08.16 17:03:17 +0530

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The appeal is accordingly disposed of.

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In view of disposal of the appeal, the pending notice of

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motion does not survive. It is accordingly disposed of.

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G.S. KULKARNI, J. ACTING CHIEF JUSTICE

Prime Focus Ltd. v. Yash Tejpal Shah and 9 Ors.

Case brief

What is this about?

What did the court decide?

Prime Focus Ltd. v. Yash Tejpal Shah and 9 Ors.

Case brief

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What did the court decide?

What the court decided

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Prime Focus Ltd. Vs Yash Tejpal Shah and 9 Ors.