Cinema Ventures Pvt Ltd v. M/S Isherdas Sahni and Bros

1. This appeal impugns the order dated 31.01.2023 passed by the learned Single Judge in Execution Petition bearing no. 13/2022 which has directed to release of amount of Rs.1,91,82,740/- to the respondent in terms of the consent decree whereunder the respondent is to be paid a minimum amount of Rs.3,23,18,735/- and the maximum amount of Rs.6,46,37,470/-.

2. Mr. Chinmoy Pradip Sharma, the learned Senior Advocate for the Neutral Citation Number: 2023/DHC/001620 EFA(OS) 1/2023 appellant submits that the settlement formed the basis of the consent decree and was a contingent settlement i.e. the cinema hall was to have been operationalised in terms of the settlement/consent decree, which, in turn would have fetch revenue to the appellant so as to satisfy the agreed liability. It is not in dispute that the decree itself has not been impugned.

3. Be that as it may, the minimum amount agreed to be paid is Rs.3,23,18,735/-. The impugned order has directed release of Rs.1,91,82,740/-. Let this amount be released. It will obviously be without prejudice to the rights and contentions of the parties.

4. The learned Senior Advocate for the appellant submits that the entire movie hall is having his assets, therefore, his interest in the said cinema hall, which presently is being run by other party are being misused or otherwise used without authority. This contention is refuted by the respondent.

5. The appeal, along with pending applications, if any, is disposed-off in the above terms.

NAJMI WAZIRI, J SUDHIR KUMAR JAIN, J MARCH 1, 2023 N/KG