Interim Order 1

Order Details: Notice of Motion
Pdf Text: :1: N.M. No.1614/2019 in Sum. Suit No.1032/2018
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
NOTICE OF MOTION NO. 1614 OF 2019
CNR NO.:MHCC010043672019
IN
SUMMARY SUIT NO. 1032 OF 2018
Lachhmandas Kodumal Asrani and another ...Plaintiff
Versus
Bhupendra K. Upadhyay and others ...Defendants
Appearances:
Advocate Ms. Kavita S. Lalwani for the plaintiff.
Advocate J. Joseph for defendants.
CORAM : HER HONOUR JUDGE
S.P. AGARWAL
(C.R.NO.28)
DATED : 2nd MAY, 2019.
ORAL ORDER
1. Heard argument for Advocates for the plaintiffs and defendants.
2. Plaintiff has stated that he has filed the suit for recovery of Rs.
5,75,000/ with interest. Plaintiff has further stated that he has learnt
from other Creditors that the defendants have borrowed from market
huge amounts and signed several Demand Bills of Exchange and have
become defaulters in the market. Plaintiff has further stated that the
defendants intentionally defrauded the rightful claims of the plaintiff.
He has sold his goods and are trying to dispose of their immovable
property i.e. Gala No.16 and 17. Plaintiff has further stated that they
came to know that the defendants had left their residential premises of
Bombay and are now disposing of their business premises namely Gala
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:2: N.M. No.1614/2019 in Sum. Suit No.1032/2018
No.16 and 17. Plaintiff has further stated that their Gala No.16 and 17
in fixed for sale, therefore, the defendants are not concerned about
plaintiffs claim. Plaintiff has further stated that defendant has no
intention to pay the amount to their Creditors. Plaintiff has further
stated that defendants are trying to dispose off the only business
premises and leave the jurisdiction of the Court. Plaintiff has further
stated that defendants are fraudulently trying to dispose off their
Tenancy right in the premises at Gala No. 16 and 17. Plaintiff has
prayed for attaching the Goodwill and Tenancy Right in Gala No. 16
and 17 and also restrain defendant from transferring Tenancy rights
and Goodwill.
3. Defendants appeared in the matter and argued that tenanted
property cannot be attached and this being Summary Suit plaintiff is
not entitled to claim any other relief than recovery of money.
4. It appears, Order XXXVIII of the Code of Civil Procedure, 1908 is
regarding furnishing security and arrest of defendant. Plaintiff is stating
that defendant is about to sale the Goodwill / Tenancy right in the Gala
and run away of the jurisdiction of this Court. There is nothing in Order
XXXVIII showing that it is inapplicable to Summary Suits. It appears
that the application cannot be rejected on the ground that Order
XXXVIII is not applicable to this suit. Defendant has stated that he wants
to file detailed reply. Considering the circumstances that plaintiff is
stating that defendant is trying to dispose of his Goodwill / Tenancy
rights in the suit premises to defraud him and avoid process of Court, it
will be proper to grant adinterim relief till decision on this Notice of
Motion. Hence, following Order :
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:3: N.M. No.1614/2019 in Sum. Suit No.1032/2018
O R D E R
Defendant is hereby restrained from disposing his Tenancy Right in any
manner or creating any third party interest in such Tenancy
Right/Goodwill in Gala No.16 and 17 of Sant Savata Marg, Byculla
(East), Mumbai 400 027 till final decision on the Notice of Motion
No.1614/2019.
(S.P. AGARWAL)
Judge,
Date: 02.05.2019. City Civil Court,
Gr. Bombay.
Dictated on : 02.05.2019
Transcribed on : 02.05.2019
Signed on : 02.05.2019
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:4: N.M. No.1614/2019 in Sum. Suit No.1032/2018
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
04.05.2019 At 5:43 p.m. Mr. Subhash Sukhdeo Poul
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
Room No.)
HHJ Ms. S.P. Agarwal
(C.R.NO.28)
Date of pronouncement of
Judgment/Order
02.05.2019
Judgment/Order signed by P.O. on 02.05.2019
Judgment/Order uploaded on 04.05.2015
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