1. The applicant in O.A. 540 of 2017 is the plaintiff herein. The suit has been laid for passing judgment and decree for the following reliefs, viz.,

a. directing the defendants to pay a sum of Rs. 2,00,00,000/- (Rupees Two Crores only) along with interest at the rate of 18% p.a. since the date of return of cheques unpaid till the date of realization of the amount; and

b. directing the defendants to pay the costs of the suit.

2. Along with the suit, the applicant/plaintiff has also filed original application in O.A.No.540 of 2017, seeking grant of interim injunction, restraining the 3rd respondent/defendant or his agents from in any manner encumbering or creating third party rights with regard to the suit schedule property.

3. This Court, upon consideration of the reasons assigned in the affidavit filed in support of the Original Application by the applicant/plaintiff and having satisfied that the applicant/plaintiff has made out prima facie case, granted interim injunction as prayed for.

4. On notice, the respondents/defendants entered appearance through their counsel and filed the following applications, for the following reliefs, viz.,

i. A.No.2906 of 2017: To vacate the order of interim injunction dated 25.5.2017 passed in O.A.No.540 of 2017 in C.S.No.393 of 2017;

ii. A.No.2907 of 2017: To treat the suit C.S.No.393 of 2017 as an ordinary suit under Order IV Rule 1 of O.S. Rules;

i. A.No.2909 of 2017: To stay further proceedings in C.S.No.393 of 2017 under Order 7 of O.S. Rules, pending disposal of the application to treat the suit as an ordinary suit under Order IV Rule 1 of O.S. Rules; and

ii. A.No.2910 of 2017: To reject the plaint in C.S.No.393 of 2017 or in the alternative to dismiss the suit as not maintainable.

5. All the above captioned applications are taken up for hearing together for disposal on request made by the learned counsels appearing for the parties.

6. For the sake of convenience, the parties herein are described as applicant/plaintiff and the respondents/defendants.

7. The case of the applicant/plaintiff is as follows:

The respondents/defendants herein have collectively approached the applicant/plaintiff seeking grant of financial assistance for production of a feature film, titled "Production No.4". According to the applicant/plaintiff, the plaintiff which is a company incorporated under the Companies Act, engaged in the business of production and distribution of films and also in lending money for film production activities. In response to the request of the respondents/defendants, the applicant/plaintiff agreed to provide financial assistance to the tune of Rs. 1.50 Crores. This amount was paid by way of a Cheque bearing No.002502 dated 5.11.2014 drawn on Kotak Mahindra Bank. In respect of the said transaction, a loan agreement was entered into between the parties on 5.11.2014 agreeing to repay the same with interest at 36% p.a. as interest on the loan amount as per the Clause 3 of the loan agreement. As per Clause 4 of the loan agreement, the borrower shall repay the entire loan amount with outstanding amount along with other dues by 31.3.2015. Further, as per the loan agreement dated 5.11.2014, the respondents/defendants had agreed that all the revenues from world Satellite rights, television relating screening and broadcasting, cable television DTH Television, Digital Broadcasting, Video, VCD and DVD etc., for the said feature film shall vest with the applicant/plaintiff and further, the respondents/defendants have also undertaken that they shall not to alienate such rights vested with the applicant/plaintiff to third parties.

8. In accordance with the loan agreement, the respondents/defendants have not repaid the loan and defaulted the payment amount borrowed by them in to. While so, the respondents/defendants once again approached the applicant/plaintiff for grant of further financial assistance and promised to execute a mortgage deed to that effect for both the outstanding amount with interest and