SHIV KUMAR SHARMA - (1.) These four civil iscellaneous appeals have been filed by the plaintiffs M/s. Cosmopolitan Trading Corporation and Harish Chand Bader impugning the orders dated February 3, 2001 of the learned District Judge, Jaipur City whereby the applications seeking temporary injunction and attachment before judgment of the property of the defendant-respondents were dismissed.
(2.) The parties shall be hereinafter referred to in the same manner as they were arrayed in the plaints.
(3.) The plaintiff M/s. Cosmopolitan Trading Corporation instituted a suit for recovery of Rs. 17.40 lacs against the defendants 1 to 5. Along with the suit applications bearing No.135/2000 under Order 38, Rule 5 and No.137/2000 under Order 39, Rules 1 and 2, CPC were filed. Similarly the plaintiff Harish Chand Bader instituted another suit for recovery of Rs. 19.80 lacs against the defendants 1 to 5 with two applications under Order 38, Rule 5 and Order 39, Rules 1 and 2. CPC bearing Nos.134/2000 and 136/2000. The plaintiffs averred in the applications that the defendants 1 to 5 are bent upon to dispose of their properties in order to make impossible of execution of the decree to be passed in the suits. In the business establishment of the defendants loss of more than 100 crores has been incurred. The defendants are indulged in siphoning money out of the company and want to leave the country. By filing additional affidavit the plaintiffs pleaded that the defendants entered into an agreement to sale the property for a consideration of Rs. 2 crores and received Rs. 20 lacs as advance payment. They have borrowed more than Rs. 1 crore from Bank of Rajasthan and it has been agreed between them that the amount shall be paid to the bank and the property which is equitably mortgaged with the Bank, shall be released. The plaintiffs asserted by filing copy of show cause notice served by the Custom Department on the defendants that they diverted high money to Foreign Countries through fictitious transactions. It was, therefore, prayed that the defendants 1 to 5 be restrained from alienating the property and the sixth defendant Bank of Rajasthan be restrained from releasing title deeds of the mortgaged property. A prayer was also made to issue order of attachment before Judgment of the property of defendants 1 to 5.;