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2019 Supreme(Ker) 223

P.D.RAJAN, T.V.ANILKUMAR
Gireesh Lal – Appellant
Versus
Ravikumar. S – Respondent


Advocates Appeared:
For the Petitioners: Advs. Sri. Philip T. Varghese, Smt. Achu Subha Abraham, Smt. V.T. Litha, Sri. M.F. Mohammod Siyad, Sri. Thomas T. Varghese.
For the Respondents: Advs. Sri. G.S. Reghunath, Smt. V.S. Lija, Sri. P.V. Anil.

JUDGMENT :

T.V. ANILKUMAR, J.

1. The appellants are defendants 1 and 2 in O.S. No. 10/2019 on the file of the IInd Additional Sub Court, Thiruvananthapuram. They are Producers of Malayalam movie captioned as 'Muhammadum Albiyum Shathrukalaya Katha'. The 1st respondent, plaintiff obtained in I.A.108/2019 an order under Order XXXVIII Rule 5 of the Code of Civil Procedure (for short the Code) attaching the Hard Disc/CD content of the said original movie kept in the custody of the defendants 4 to 7. Being aggrieved by the impugned order of attachment before judgment of the IInd Additional Sub Court, Thiruvananthapuram passed on 14.2.2019, the defendants 1 and 2 in O.S No. 10/2019 have filed this appeal.

2. The first respondent-plaintiff is a business man. He filed O.S. No. 10/2019 for realisation of Rs.91,88,333/- from appellants alleging that the latter borrowed Rs. 85 lakh from him in several instalments since February 2018 for the purpose of producing the above Malayalam film and after repeated demands for return of the amount, the appellants finally executed and delivered on 9.5.2018 a cheque in the name of the first respondent for a sum of Rs. 85 lakh post dated to 15.11.2018 drawn o



















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