MADAN LALL JAIN AND ORS. Vs. KAMLESH SOGANI AND ORS.
LAWS(CAL)-2016-2-52
HIGH COURT OF CALCUTTA
Decided on February 19,2016

Madan Lall Jain And Ors. Appellant
VERSUS
Kamlesh Sogani And Ors. Respondents

JUDGEMENT

Indira Banerjee, J. - (1.) This appeal is against a judgment and order dated 23rd July, 2015 passed by the Hon'ble Single Bench in the application being G.A. No. 1911 of 2015 in the suit being C.S. No. 154 of 2015 (Madan Lall Jain & Ors. Vs. Kamlesh Sogani & Anr.) whereby the application as also the suit have been dismissed.
(2.) The appellants filed the said suit in this Court praying for the following reliefs. a) A decree of declaration that the defendant No. 1 is not entitled to deliver any document, deed, instrument, books and records etc. and/or document of properties and assets to the defendant No. 2 until discharge by the defendant No. 2 and/or by SKJ Group of all their obligations under the said Award dated 3rd January, 2013 and particularly the obligations as mentioned in the letter and/or email of the plaintiffs dated 17th December, 2014 and 19th April, 2015; b) A decree of declaration that the defendant No. 2 and/or SKJ Group is not entitled to in any manner whatsoever receive any document, deed, instrument, books and records etc. and/or document of properties and assets without discharging all their obligations to the plaintiffs and/or to MLJ Group in terms of and under the said Award dated 3rd January, 2013 including those mentioned in the letters and/or e -mails of the plaintiffs dated 17th December, 2014 and 19th April, 2015; c) Perpetual injunction restraining the defendant No. 1 from handing over possession of documents, deeds, instruments, books and records etc. and/or documents of properties and assets to the defendant No. 2 till discharge by the defendant No. 2 and/or by the said SKJ Group of all their obligations under the said Award dated 3rd January, 2013 to the plaintiffs and/or MLJ Group in satisfaction of the plaintiffs and/or MLJ Group; d) Perpetual injunction restraining the defendant No. 2 from receiving any document, deed, instrument, books and records etc. and/or document of properties and assets from the defendant No. 1 till discharge by the defendant No. 2 and/or by the said SKJ Group of all their obligations under the said Award dated 3rd January, 2013. e) Temporary Injunction. f) Receiver. g) Attachment. h) Judgment upon admission. i) Costs. j) Further and/or other reliefs.
(3.) In the said suit the appellants filed the application being G.A. No. 1911 of 2015 praying for the following reliefs. a) An order of temporary injunction be passed restraining the respondent No. 1 from handing over possession of all documents, deeds, instruments, books and records etc. and/or documents of properties and assets to the respondent No. 2 till discharge by the respondent No. 2 and/or by the said SKJ Group of all their obligations under the said Award dated 3rd January, 2013 to the petitioners and/or to MLJ Group in satisfaction of the petitioners and/or of MLJ Group. b) An order of temporary injunction be passed restraining the respondent No. 2 by himself and/or through his servants, agents and/or assigns from receiving any document, deed, instrument, books and records etc. and/or document of properties and assets from the respondent No. 1 till discharge by the respondent No. 2 and/or by the said SKJ Group of all their obligations under the Award dated 3rd January, 2013; c) Ad -interim orders in terms of the prayers above; d) Costs of and incidental to this application be paid by the respondents; e) Such further and/or other order or orders be passed and/or direction or directions be given as to this Hon'ble Court would deem fit and proper.;


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