VIRTUS DORDRECHT B V Vs. VIKRAM BHARGAV

JUDGEMENT

(1.) The plaintiffs have moved this application under Order I Rule 10(4) read with Order 39 Rules 1 & 2 read with Section 151, Civil Procedure Code seeking permission to implead Smt. Angoori Devi wife of Shri Jai Prakash, resident of C-32, AFFCC, Neb Sarai, New Delhi as a defendant (defendant No. 6) in the present suit and for an injunction restraining her (Smt. Angoori Devi) from dealing with, selling, transferring, mortgaging, disposing off, alienating, creating third party interests in any manner or parting with possession of the portion of land transferred in her name by defendant No. 1 i.e. Khasra No. 562/462/83 (100.9 Bighas) and a part of Khasra No. 565/462/83 (88 Bighas) of the suit property.

(2.) The germane facts which need to be noticed for the disposal of the present application are the plaintiffs had filed a suit for recovery of US Dollars 5,64,895 (Rs. 2,14,66,030/-), declaration and injunction against defendant Nos. 1 to 5. The allegations made in the suit being that around July - August, 1996 defendant No. 1 approached plaintiff No. 1 with a project for export of certain agricultural commodities. A contract was executed between the plaintiffs and defendant No. 1. After that defendant No. 1 alleged to have represented to the plaintiffs that he had a better proposal for investment in real estate business and that the money sent by the plaintiffs for the performance of export project would be remitted to his account with the bank. Defendant No. 1 also introduced defendant No. 2 as his personal friend and consultant in Trade Promotion, having held certain prestigious posts in Government Organisations. Acting on the representation of defendant Nos. 1 and 2, the plaintiffs remitted a sum of US Dollars 3500,000 to the defendants to secure the purchase of land and thereafter certain more amounts were remitted by transfer from the bank account for the purchase of land. However, contrary to the assurance and promise, defendant Nos. 1 and 2 purchased several pieces of agricultural land in all measuring 753.09 Bighas in the names of defendant Nos. 1 to 4 in the revenue estate of village Mitasar, Tehsil Sardarshahar, District Churu, Bikaner, Rajasthan. The said act of the defendants was not only contrary to the terms and conditions of the agreement and the contemplated project but was also fraudulent act on the part of the defendants committed with a view to dupe the plaintiffs of huge sum which they had entrusted to defendant Nos. 1 and 2 under good faith. The suit is being contested by defendant Nos. 1 to 5 on a variety of grounds.

(3.) Along with the suit, the plaintiffs had also filed an application under Order 39 Rules 1 and 2, Civil Procedure Code praying for an ad interim injunction. On 2nd April, 1998, this Court while issuing notice on the said application, restrained the defendants from dealing with, selling, transferring, mortgaging, disposing off, alienating, creating third party interests in any manner or parting with the possessions of the suit property as described in para 21 at pages 17 and 18 of the plaint. The said injunction order is still in operation.