Shree Ventatesh Films Pvt. Ltd vs Vipul Amrutlal Shah & Ors on 14 August, 2009

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Calcutta High Court

Shree Ventatesh Films Pvt. Ltd vs Vipul Amrutlal Shah & Ors on 14 August, 2009

Bench: Pinaki Chandra Ghose

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                             APO.T.No.309 OF 2009
                               TANO.43 OF 2009
                              G.A.No.2153 OF 2009
                              C.S.No.219 OF 2009
                       IN THE HIGH COURT AT CALCUTTA
                        CIVIL APPELLATE JURISDICTION
                                ORIGINAL SIDE
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Shree Ventatesh Films Pvt. Ltd. ..Appellant/Petitioner/Defendant Versus Vipul Amrutlal Shah & Ors. .. Respondents For the Appellant: Mr. Anindya Kr. Mitra, Sr. Adv., Mr. Tilak Kr. Bose, Adv. Mr. Abhrajit Mitra, Adv., Mr. Debnath Ghosh, Adv. Mr. Jishnu Choudhury, Adv. Mr. Soumya Roychowdhury, Adv. Mr. Satyabrata Chakraborty, Adv.

For Respondent No.1 Mr.S.N. Mookherji, Sr. Adv. Mr. Ranjan Bachawat, Adv. Mr. Ratnanko Banerji, Adv. Mr. Rudraman Bhattacharjee, Adv.

Mr. Subhasish Sengupta, Adv. Mr. Sayan Roychowdhury, Adv. Mr. Aniket Agarwal, Adv.

For the Distributor: Mr. Pratap Chatterjee, Sr.Adv. Mr. Sankho Dasgupta, Adv.

For Respondent No.3 Mr. Anunoy Basu, Adv. BEFORE The Hon'ble Justice Pinaki Chandra Ghose The Hon'ble Justice I.P. Mukherji Date: 14th August, 2009 The Court: This application is being heard out since 10th August, 2009 and hearing has not yet been concluded. In view of the prima facie case of the parties till today and immediate balance of convenience, we feel that at this stage the order so passed by the Hon'ble First Court on 10th August, 2009 is required to be stayed. Accordingly, the order dated 10th August, 2009 passed by the Hon'ble 2 First Court in terms of prayer (b) is stayed till the hearing of the application is over.

There will be an order in terms of prayer (f) of the Trial Court application. Mr. Satyabrata Chakraborty and Mr. Aniket Agarwal, Advocates- on-Record of the appellant and the respondent No.1 respectively are appointed as Joint Receivers. The appellant No.1 is directed to furnish all accounts with regard to box office collections and/or re3ceipts from ticket sales from 'Poran Jaey Joliya Re' held by cinema halls/multiplexes till date to the Joint Receivers in course of tomorrow (15.8.2009). Whatever amount to be collected by the Joint Receivers shall be kept in a separate account so to be opened with State Bank of India, Kolkata Main Branch or with United Bank of India, High Court Branch.

Since the date of hearing of the application, good gesture has been shown by Mr. Bachawat, learned Advocate that his client will not take any steps to enforce the order passed by the Hon'ble First Court.

The original agreements both dated 7th March, 2007 between Block Buster Movie Entertainers And Suresh Nair, and between Block Buster Movie Entertainers And Ritesh Shah produced before us by the Advocate-on- Record of Mr. Bachawat should be kept in a sealed cover with the Registrar, Original Side, High Court, Calcutta and shall be produced before this Court on Monday (17.8.2009).

This order will not affect the right of Mr. Kalyan Bandyopadhyay, Sr. Advocate who is appearing in T.A.No.44 of 2009, APO.T.No.315 of 2009 arising out of C.S.No.219 of 2009.

Let the matter appear in the list on Monday, the 17th August, 2009. Joint Receivers, Registrar, O.S. of this Court and all parties to act on a signed copy minutes of this order on the usual undertaking. 3

Urgent xerox certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

[PINAKI CHANDRA GHOSE,J] [ I.P MUKHERJI,J] km

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