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1936 Supreme(Cal) 149

Rai Saheb Chandanmull Karnani – Appellant
Versus
Sardarilal Thapar – Respondent


JUDGMENT

McNair, J. - The Plaintiff has applied to have the Defendant committed to gaol for contempt of Court in resisting, obstructing and preventing the Receiver appointed by the Court from taking possession of the prints of a film in terms of the Court's decree. The following facts are admitted.

2. By an agreement dated the 1st May, 1935, the Plaintiff sold to the Defendant the exploitation rights for five years in a film called " Rashida " for Rs. 10,000, Rs. 20,000 of which was payable on receipt of the film and the balance by instalments for which hundis were executed. The hundis were dishonoured at maturity and in June, 1935, the Plaintiff filed the suit in which this application is made.

3. On the 12th November. 1935, a consent decree was made providing for payment of the decretal amount by instalments. The Plaintiff was appointed Receiver and in default of payment of any instalment the Defendant was to deliver up to him quiet possession of the film.

4. No instalment has been paid and the Plaintiff, as receiver, on the 19th December instructed his agent Ramadhar Pershad to go to Lahore and obtain possession of the film.

5. Thereafter the facts as related by the Plaintiff are con

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