KIRTAN PANKAJBHAI KANSARA Vs. COMPS TECHNOLOGY

JUDGEMENT

(1.) THIS appeal under Section 96 of the Code of Civil Procedure, 1908 read with Order 41 Rule 1 of the Code of Civil Procedure, 1908 is directed against the judgment and decree dated 31.7.2006 rendered in Summary Suit No.2152 of 2004 by City Civil Court, Ahmedabad.

(2.) THE parties to this appeal shall hereinafter be referred to as per their original status in the Suit.

(3.) THE record further reveals that the plaintiff also prayed for interim relief for injunction against the defendants restraining them not to transfer the office premises to defendant No.1 or to anybody else during pendency of the Suit. A third party being M/s. Sun Builders and Developers filed an application in the Suit below Exh.31 and stated before the Court that defendant Nos.2 and 3 had purchased the office in question and had also paid the cheques towards its consideration. However, the cheques were dishonoured. It is further stated that as per the agreement between defendant Nos.1 to 3, the allotment of the office premises was cancelled. However, the defendants were allowed to keep the possession of the office premises with the understanding that the amount agreed by the defendants shall be paid to the said third party ­ M/s. Sun Builders and Developers and accordingly, after hearing the parties including the third party, the City Civil Court, Ahmedabad rejected the said application. Being aggrieved by the said order, the plaintiff approached this Court and this Court directed that the furniture, Computer and other movables lying in the office premises of defendant No.1 be sold and the sale proceeds of the same be deposited in the Court. This Court was also further directed to appoint the receiver. Accordingly, the receiver so appointed took possession of the furniture and other movables in the office premises of defendant No.1 and sold the same by auction sale and the amount so deposited came to be deposited with the Court. It appears that the plaintiff thereafter filed Misc. Civil Application No.8651 of 2006 in Appeal from Order No.364 of 2004, wherein this Court directed that out of the amount of Rs.10 lacs deposited by the receiver, Rs.15,000/ be deposited as remuneration of the receiver and expenditure of the proceedings and the plaintiff was allowed to withdraw the amount of Rs.4,10,417/ and the further amount of Rs.5,74,583/ has been paid to the plaintiff through the power of attorney holder from the amount so deposited by the receiver.