The Madras High Court today dismissed with costs applications filed by actress Radhika Sarathkumar for vacating the court's interim order restraining her from alienating or encumbering her property in the city covered under a mortage deed with M/S Radiance Media P.LTD.
While making absolute the interim order dated May 25, Justice V. Parthiban dismissed the applications "as devoid of substance and merit", with costs of Rs two lakh payable to the plaintiff M/s Radiance Media P. Ltd on or before August 15.
The judge rejected the arguments put forth by counsel for Radhika Sarathkumar that once the mortgage deed is replaced, earlier loan automatically gets discharged and in the circumstances, there cannot be any enforceable debt which can be the basis of the suit claim.
The court in its interim order had restrained the petitioner from selling her (mortgaged) properties in settling her loan of over Rs three crore.
Radhika had filed applications for a direction to vacate the interim order and to stay further proceedings on the civil suit filed by M/s Radiance Media P. Ltd pending disposal of the application to treat the suit as an ordinary one and to reject the plaint, or in the alternative to dismiss the suit as not maintainable.
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