The Madras High Court has dismissed with exemplary costs of ₹2 lakh, applications filed by actor Radikaa Sarathkumar and two others seeking to reject the suit filed by a Chennai-based film financing company for the recovery of a ₹2.5 crore loan.
Justice V. Parthiban, who also made absolute an earlier interim order, restraining the actor and her legal heirs and legal representatives from in any manner encumbering or creating any third-party rights with regard to her two immoveable properties (covered under mortgage deed) situated in the city and in Tenkasi.
The judge dismissed four applications filed by Radikaa, and her husband and actor R. Sarathkumar and their partners in Magic Frames as devoid of substance and merit. The amount of ₹2 lakh is to be paid by them to Radiance Media, which had lent them money for producing a Tamil film, on or before August 15, 2017.
“Both on the legal aspects and the factual issues, this court does not find any merit in the contentions of the applicants,” the judge said adding that the court is also of the view that there is considerable force in the contention put forth by senior counsel V.T. Gopalan appearing for the Radiance Media, and the interim order passed by this court on May 25, 2017, is entitled to be continued and accordingly, the same is made absolute.
The actors had borrowed ₹1.5 crore from Radiance Media for producing a Tamil film. However, without repaying the amount, they borrowed another sum of ₹1 crore.
Subsequently, without the knowledge of the plaintiff, they released the Tamil film Pambu Sattai . Since the amount borrowed was not repaid with interest, Radiance Media presented the cheques issued by Radikaa Sarathkumar and others for payment, they were dishonoured. Hence, the company filed the present suit to direct the actors and Magic Frames to pay the dues.
Opposing the plea, the actors and their partners filed four applications to vacate the interim order and also to reject the suit as not maintainable.
The judge said it was admitted fact that the loan has been obtained by them and whether the same has been completely discharged by subsequently entering into mortgage agreement, was the matter of trial and this court was presently called upon to decide whether there was any prima facie material for allowing or disallowing the applications.
“This court is of the prima facie opinion that there is a clear case made out and the balance of convenience is entirely in favour of the plaintiff and hence, the interim order already granted need not be disturbed at the instance of the defendants (R. Sarathkumar, Radikaa Sarathkumar and Magic Frames), who have clearly come forward with plethora of technical objections only with a view to frustrate the claim of the plaintiff”, the judge added.
