MODERN INDIA LTD Vs. 63 MOON TECHNOLOGIES LIMITED

JUDGEMENT

(1.) The facts leading to the present application, are already set out in considerable detail in orders dated 24 th December, 2014, 5th March, 2015 and 20th July, 2015. The applicants have moved this urgent interim application seeking relief against Third Party Noticee nos.1 to 5 and co-respondent nos.6 and 7, inter alia, to disclose on oath dealings in properties considerable received, after order dated 24th December, 2014 passed in the above Notice of Motion, deposit of considerable received, disclose assets acquired after 20th July 2015 for appointment of Court Receiver in respect of certain properties and orders directing attachment of properties and detention of persons in charge of third party noticee no.1 to 5, co-respondent nos.6 and 7 as well as the additional co-respondents 1 to 4. In the meantime, injunction restraining additional co-respondents from alienating disposing property described in Exhibit A and for appointment of Court Receiver.

(2.) At the hearing of ad-interim application today, Mr. Kamat seeks disclosure, the injunction, appointment of Court Receiver as also the amendment. At the hearing of the Notice of Motion, a statement was made that the third party noticees would not create any third party rights in the properties in question till disposal of the notice of motion. It is contended that in July 2020 co- respondent no.6 through one K.B. Aggarwal, Director has breached orders of the Court by alienating certain properties in favour of third parties impleaded as Additional Co-respondents in the IA. Thus, the immediate reason for moving this interim application is the alienation of the property which was subject matter of injunctions passed by this Court.

(3.) For the purpose of this application, Mr. Kamat has sought injunction against the third party noticee nos.1 to 5., co- respondent nos.6 and 7 as well as the additional co-respondents, disclosures are sought against third party noticee nos.1 to 5 and 6 and 7 in respect of assets and accumulated after 20 th July, 2015. The date 20th July, 2015 assumes significance in view of order passed by this Court pursuant to the earlier order making the motion absolute in part. The order passed on the Notice of Motion is said to be subject matter of execution proceedings in Ludhiana.