UTPALA MUKHERJEE Vs. AEROMARINE LOGISTICS PVT. LTD.

JUDGEMENT

(1.) Amit Bansal, J 1. By the present order, I propose to dispose of the application filed on behalf of the plaintiff under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908 (CPC), seeking grant of interim injunction.

(2.) Summons in the suit and notice in the present application was issued on 28/1/2022 and a note was made of the submission on behalf of the plaintiff, that the plaintiff has also filed an application under sec. 17 of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI act), before the Debt Recovery Tribunal (DRT), which was coming up for hearing on the same date at 2.00 P.M.

(3.) In the order dtd. 2/2/2022, it was noted that the DRT vide order dtd. 28/1/2022, has restrained the defendant no.5 Bank from taking possession of the plaintiff's property and posted the matter for 9/2/2022. On 11/2/2022, it was noted that the plaintiff shall make a deposit of Rs.20,00,000.00 before this Court and the defendant no.5 Bank was restrained from taking possession of the plaintiff's property. Later the written statement along with the reply to the present application, was filed on behalf of the defendant no.5 Bank.