IB B BINDAL Vs. BANARSI DAS GUPTA

JUDGEMENT

(1.) On April 17, 1979 Shri B. B. Gupta, Additional District Judge, Delhi confirmed a temporary injunction issued in favour of Shri Brij Bhushan Bindal applicant (hereinafter referred to as the plaintiff) restraining Seth Banarsi Das Gupta, opposite party No. 1 (hereinafter referred to as defendent No. 1) from interfering in the management .of the property known as modern Industries situated at Sahibabad till partition of Hindu Undivided Properties and restraining Central Bank of India, Shahdra Delhi opposite party No. 2 (hereinafter referred to as defendant No. 2) from stopping the operation of bank account of Modern Industries. Defendant No. 1 brought an appeal against the said order which was accepted by me on April 29, 1981 and the injunction issued by the learned Additional District Judge was vacated. On May 5, 1981 plaintiff brought the present petition (being R. A. 36 of 1981) for reviewing my aforesaid judgment dated April 29, 1981 on the basis that there were errors apparent on the face of the record. By way of amendment (which was allowed on July 14, 1981) some further grounds for review were added.

(2.) . Plaintiff is the son of defendant No. 1. Defendant No. 1. the plaintiff and other sons of defendant No. 1, namely Seth Jatender Lal, Seth Satender Lal and Shri Mohan Lal Gupta formed Hindu Undivided family (hereinafter referred to as the HUF). That HUf is carrying on a number of businesses which are Modern Industries at Sahibabad, Jaswant Sugar Mills Ltd. at Meerut, S. B. Sugar Mills, Bijnore and Mohan Orchards, Meeduwala Tehsil Majibabad District Bijnore. The dispute is about Modern Industries which is carrying on the manufacturer of Railway Wagons, Steel re-rollers and steel forgings, industrial oxygen gases etc. If was established somewhere in 1940.

(3.) The affairs of Modem Industries are being managed by the plaintiff according to whomhe is doing so under a family arrangement entered into between him, his brothers and defendant No. 1. It is alleged by the plaintiff that that family arrangement entries him to carry on the aforesaid business till his life time. Assertion f the plaintiff further is that the family arrangement provided that business of Jaswant Sugar Mills Ltd. Meerut in which HUf has 80 per cent share as well as S. B. Sugar Milk at Bijnore should be managed by defendant No. l, that Seth Mohan Lal Gupta was appointed Administrative Officer of the aforesaid Mills while Seth Jatender Lal Was given all rights of managing Mohan Orchards. According to the plaintiff Satender Lal is not considered to active for medical reasons and, therefore. he was not not given any management of any particular business but he has Been enjoying all rights and interests as member of the HUF.