- (1.) This application dated October 8th 2002 has been filed by the plaintiff for interim reliefs; it has been filed in its pending suit (C. S. No. 467 of 2002). The plaintiff prays for the following interim reliefs : " a. Order of injunction restraining the respondents and each of them, their employees and agents from withdrawing any amount without leaving the balance of the sum of Rs. 1,94,13,556/- in the account/ accounts held by the respondent in the banks namely HDFC Bank, Branch: Nagpur, Maharashtra (being account No. 1022320001331 bearing Cust. I. D. : 1988419) having net banking operational facilities through its different branches ineluding at Stephen House Branch, Kolkata, within the aforesaid jurisdiction, till disposal of the suit being C. S. No........................ (sic) of 2002. b. Order of injunction restraining the respondents and each of them or their employees and agents from selling, transferring, alienating, parting with possession of and in any way dealing with the assets of the respondent No. 1 particulars whereof are setout in the schedule being annexed hereto and marked with the Annexure "B" till the disposal of the said suit being C. S. No. ......;..................- (sic) of 2002."
(2.) On this application ex parte interim relief was granted to the plaintiff by an order dated October 9th 2002. By this order the defendants were restrained from selling, transferring and/or alienating their fixed assets without giving prior seven days notice to the plaintiff. Such interim order is still in operation. Defendants 1, 2 and 3 are contesting this application by filing an opposition dated January 21st, 2003. Defendants 4 and 5 are, however, not contesting it. The opposition filed by defendants 1, 2 and 3 has been replied to by the plaintiff by its affidavit affirmed in March, 2003. After obtaining leave under clause 12 of the Letters Patent the plaintiff filed the suit praying for a decree against the defendants for Rs. 1,94,13,556/-. The case made out in the pleading is this. The plaintiff is a company registered under the Companies Act, 1956; and it carries on business from its registered office at 33, Brabourne Road, Kolkata-700 001. Defendant 1 is also a company registered under the Companies Act, 1956; and it carries on business from its administrative office at F-202, Jagat Plaza, Law College Square, Amravati Road, Nagpur-440 010; and its registered office is also in Nagpur. Defendants 2 and 5 are directors of defendant 1, and defendants 3 and 4 are its chief executives. By handing over a copy of an agreement dated August 9th, 9001 defendants 2, 3, 4 and 5 represented to the plaintiff that defendants 3 and 4 jointly promoted defendant 1 for production of a unique chemical having extensive demand in the domestic as well as international market. This agreement was made between, and executed by, defendants 3 and
(3.) These defendants requested the plaintiff to give short term, 14% per annum interest bearing, business accommodation loan to defendant 1. Hence through defendants 2, 3, 4 and 5 the plaintiff paid to defendant 1 a total sum of Rs. 1.76 crores during the period from September 21st, 2001 to March 4th, 2002; and the payments were made by cheques. Such cheques were deposited in the account of defendant 1 at H. D. F. C. Bank. By advocates notice dated March 22nd, 2002 the plaintiff demanded repayment of Rs. 1.76 crores from defendant 1; it was a notice under Sections 433 and 434 of the Companies Act, 1956. As the money was not paid, the plaintiff through another advocates notice dated September 30th, 2002 demanded payment of Rs. 1,94,13,556/- from the defendants. The payment was not made; hence the suit for its recovery.;