LAWS(DLH)-2009-8-109

SADHNA GUPTA Vs. R C GUPTA

Decided On August 10, 2009
SADHNA GUPTA Appellant
V/S
R C GUPTA Respondents

JUDGEMENT

(1.) VIDE this order, I shall dispose of an application filed by the plaintiffs under Order 39 Rule 1 and 2 read with Section 151 CPC seeking temporary injunction against defendant No. 5 i. e. State Bank of India from attaching before judgment or creating third party right or interest in the suit property no. 221, Okhla Industrial Estate, Phase-Ill, New Delhi.

(2.) PLAINTIFF No. 1 has claimed herself to be one of the members of the huf defendant No. 2 M/s. R. C. Gupta and Brothers. Defendant No. 1 is the karta of the said HUF whereas defendants No. 3 and 4 are also members of the HUF.

(3.) CASE of the plaintiffs in brief is that, property in suit was allotted to defendant No. 2 HUF by the Delhi Government. Defendant No. 1 obtained permission from the Director of Industries for mortgaging the property in view of clause (a) and (b) of the lease deed. Defendant No. 2 R. C. Gupta and brothers HUF availed certain financial loan/credit facilities for working capital of defendant No. 2 from defendant No. 5. At the time of raising the loan, the title deeds of the suit property were deposited with the bank for purposes of creating a mortgage on the said property to secure the repayment of the loan amount.