ARINDAM MUKHERJEE, J. - (1.) The Court: This is an application by the defendant nos.1, 2 and 3 in a suit for specific performance filed by the plaintiffs. The plaintiffs in the plaint have alleged that there is an agreement for sale of shares of the first defendant Company in favour of the plaintiffs. In terms of such agreement the plaintiffs had paid certain sums of money and a person from the plaintiffs' side was included for the purpose of operation of the bank account of the defendant no.1 Company. The plaintiffs persons were also operating the factory of the defendant no.1 comprising of two units. The defendants thereafter removed such plaintiffs' person from the factory of defendant no.1 on 4th January, 2021 in order to take full control over the same. The plaintiffs have also in paragraph 28 of the plaint alleged that the factory of the defendant no.1 has been kept under severe security and the plaintiffs were not allowed to enter the same. On the basis of these averments made in the plaint the plaintiffs filed an application seeking interim relief in aid of the final relief. In such application, being IA No.GA/1/2021 an interim order was passed on 28th January, 2021. The operative portion whereof is set out hereinbelow : "In view of the discussions above, the plaintiffs having made out a prima facie case and the balance of convenience and inconvenience be in favour of the plaintiffs, there will be an order of injunction restraining the defendant no.1 from creating any third party rights over and in respect of its assets without the leave of the Court. Mr. Kaushik Chowdhury, Advocate Bar Library Club is appointed as the Receiver for the purpose of making an inventory of the books and records of the defendant no.1. The Receiver will be paid an initial remuneration of Rs.3000 GMs. at the first instance by the plaintiffs."
(2.) I am told that the receiver has filed his report and the defendant nos.1, 2 and 3 has also filed their affidavit in the said application. However, neither the receiver's report nor such affidavit is annexed to the instant application.
(3.) The defendant Nos. 1, 2 and 3 say that taking advantage of the order, the plaintiffs have interfered in the operation of the factory and have also prevented the raw materials from being brought into the factory premises and manufacturing of finished products.;