Chennai: The Madras high court has dismissed with an exemplary cost of '2 lakh, the applications filed by actor Sarathkumar and two others, which sought to reject the suit filed by Radiance Media Private Limited for recovery of the loan of Rs 2.50 crore borrowed by them from it for producing a Tamil film.
The judge dismissed four applications filed by actors Sarath Kumar and Radikaa Sarath Kumar and their partnership M/s Magic Frames as devoid of substance and merit, with exemplary costs of '2 lakh, payable by them to the Radiance Media on or before August 15.
“Both on the legal aspects and the factual issues, this court does not find any merit in the contentions of Sarath Kumar, Radikaa Sarath Kumar and Magic Frames put forth in support of all the four applications filed by them. So, while this court is also of the view that there is considerable force in the contention put forth by Senior Counsel V.T. Gopalan appearing in Radiance Media and the interim order passed by this court on May 25, 2017, is entitled to be continued and accordingly, the same is, therefore, made absolute”, the judge added.
“The company filed the present suit to direct Sarath Kumar. Radikaa Sarath Kumar and Magic Frames to pay '2 crore,” Ashok Kumar said. Opposing the plea, the trio including Sarath Kumar 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 a 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 (Sarath Kumar, Radikaa Sarath Kumar and Magic Frames), who have clearly come forward with a plethora of technical objections only with a view to frustrate the claim of the plaintiff”, the judge added.
