SANJIB BANERJEE,J. - (1.) The respondent is not represented despite service and despite being represented at the earlier stage. No affidavit-in-opposition has been filed.
(2.) The dispute is in respect of an immovable property at Park Street where the respondent used to run a restaurant. The petitioners claim that the respondent has not paid a substantial part of the commission or occupation charges due therefor. The petitioners say that in terms of the agreement the respondent was supposed to pay the monthly commission and an amount in excess of Rs. 6 lakh is due on account of such commission.
(3.) At the ad interim stage, upon the petitioners' apprehension that the respondent was intending to create third party rights in respect of the premises, an order was made on September 29, 2011 restraining the respondent from alienating the premises or parting with possession thereof or creating any third party rights in respect thereof in any manner whatsoever except in the usual course of business.;