Padma Khastgir, J. - (1.) This application has been taken out by the plaintiff for appointment of a Receiver over the box office collection at the Cinema Hall called 'Opsara Hall' with a direction to the Receiver to hand over to the petitioner all such collections in pro tanto satisfaction of the petitioner's claim against the defendant; also for an order of Receiver over the film "Chadmabeshi" an order of injunction restraining the defendants from collecting any box office collection at the said Cinema Hall and also from exploiting or exhibiting the said film "Chadmabeshi".
(2.) The petitioner's case is that the defendants Nos. 2 and 3 are the partners of the defendant No. 1, The petitioners have been carrying on business as financier and merchants, On 4th of May, 1977 the petitioner lent and advanced a sum of Rs. 2,25,000/- to the defendants on in-inter alia, the following terms and conditions : (i) The said sum would carry interest at the agreed rate of 18% per annum; (ii) The defendants would repay the said sum in ten equal monthly instalments, the first of such instalments would be paid after a period of eight months. In default of payment of any two instalments the entire amount of the balance money would become due and payable; (iii) As security for the due repayment the defendants agreed to secure the plaintiff, by way of first and paramount charge on the film called "Chadmabeshi" and all positive and negative prints, first and paramount charges on the box office collection of the said film "Chhadmabeshi" and equitable mortgage would be created of Cinema Hall In Howarh known as "Opsara Hall".
(3.) The money was duly paid in the month of May, 1977 but nothwithstanding repeated demands the defendants failed and neglected to make any payment apart from a sum of Rs. 32,168.98 p. and Rs. 4343.31 p. which were received from Sri Bishnu Pictures Private Limited on behalf of the defendants,;