Radikaa’s plea dismissed by HC with costs

The Madras High Court has dismissed with costs of Rs two lakh, applications filed by Radikaa 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 Radiance Media Private Limited.

The applications were made by Radikaa against a suit filed by Radiance, a Chennai-based film financing company, for the recovery of a Rs 2.5 crore loan.

Justice V Parthiban, while making absolute an earlier interim order, restrained Radikaa and her legal heirs and legal representatives from in any manner encumbering or creating any third-party rights with regard to her two immoveable properties (covered under mortgage deed) situated in the city and in Tenkasi.

The court refused to accept arguments put forth by counsel for Radikaa Sarathkumar that once the mortgage deed is replaced, earlier loan will automatically gets discharged and in the circumstances, there cannot be any enforceable debt which can be the basis of the suit claim.