PRISM ENTERTAINMENT PVT LTD Vs. PRASAD PRODUCTIONS PVT LTD
LAWS(CAL)-2006-4-28
HIGH COURT OF CALCUTTA
Decided on April 26,2006

PRISM ENTERTAINMENT PVT. LTD. Appellant
VERSUS
PRASAD PRODUCTIONS PVT. LTD. Respondents

JUDGEMENT

Ashim Kumar Banerjee, J. - (1.) Three ladies viz. Ritupanaa Sengupta, Anjana Dalmia and Nitu S. Saini formed a company called Prism Entertainment Private Limited for making feature film. They entered into an agreement in January, 2003. By such agreement the company was formed. They became directors. They made a film called "Alo" which was released. That time there was no dispute between them. They thereafter made a film called "Eai Ki Sansar" which was re-titled as "Bauma Zindabad". It further appears that all of them from time to time resigned from the Board of Directors subsequently. It is the case of the plaintiffs being the company, Ritupama Sengupta and Anjana Dalmia that the laboratory which was holding the rush print and film negative of the film refused to deliver the same even upon payment of the charges for developing the said film on the alleged ground of purported agreement dated August 1, 2003 by which one Ms. Meena Chowla the defendant No. 4 claimed a right of pledge on the film negative for payment of Rs. 35.00 lacks together with interest thereon said to have been advanced to the company by account payee cheques.
(2.) It was the case of the plaintiffs that the husband of Nitu S, Saini being the defendant No. 3 by misutilising his status as Chief Executive Officer did the mischief by executing pledge document in collusion and conspiracy with each other without knowledge and consent of the other directors and without any valid board resolution being had.
(3.) The plaintiffs filed the instant suit in this Court, inter alia, claiming for cancellation of the purported documents including the agreement dated August 1, 2003 as well as mandatory order of injunction directing the defendant No. 1 being the film laboratory to forthwith release the film negative of Bauma Zindabad and for other consequential reliefs.;


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