- (1.) This first appeal from order, under Order 43 Rule 1(r) of the Civil Procedure Code is directed against an injunction order dated 25.1.1994 passed by Civil Judge, Meerut in Civil Suit No. 107 of 1994 between M/s. Bansal Forgings Limited and others v. U.P. Financial Corporation and others.
(2.) The short facts leading to instant appeal are as under : the appellant, M/s.Bansal Forgings Ltd. was granted certain loan from time to time by the U.P. Financial Corporation (hereinafter referred to as the Corporation). According to the appellant total loan paid was Rs. 60,64,000/- and ultimately in respect of repayment of the same, the Corporation issued notice dated 8.12.1993 (Annexure 8 to the affidavit). This has persuaded the appellant to file aforesaid suit for mandatory injunction seeking the relief that the defendant-Corporation be directed not to realise the amount of Rs. 40,57,165.64 p. under Section 29 of U.P. Financial Corporation Act.
(3.) As the Corporation was pressing hard for recovery and taken steps to recover the said amount even by adopting coercive process, consequently the appellant taking resort to the provisions of Order 39 Rules 1 and 2 of Civil Procedure Code filed an application for grant of interim relief restraining the Corporation from proceeding with the recovers. Upon hearing the parties, learned Civil Judge, Meerut vide order dated 25.1.1994 passed the impugned injunction order restraining the defendant-Corporation from taking into possession the factory of appellant and from realising the impugned amount of loan mentioned in the recovery certificate. However, vide the injunction order, the Trial Court also directed the plaintiff-appellant to furnish requisite security for the amount sought to be recovered.;