HARISH PUNAMCHAND MASHRUWALA Vs. KISHORE PUNAMCHAND MASHRUWALA

JUDGEMENT

(1.) The above Interim Application has been preferred by the applicants/ defendant Nos.1 to 4 seeking the following reliefs:-

(2.) According to defendant Nos.1 to 4, the reliefs sought in this application ought to be granted in view of the fact that the plaintiffs have violated the status-quo order passed by this Court on 4/9/2014 (for short "the 2014 order") in Notice of Motion No.303/2011. For the sake of convenience the 2014 order reads thus :-

(3.) Dr. Chandrachud, the learned counsel appearing on behalf of defendant Nos.1 to 4, submitted that plaintiff Nos.3 and 4 are in possession of plot No.250/1 and 250/2, Road No.2, Sachin GIDC, Sachin, Surat, 394230 along with the factory standing thereon. He submitted that in relation to the said plots and the factory standing thereon, there were no third-party rights created in relation thereto as on the date of the passing of the 2014 order. Subsequently, it has come to the knowledge of defendant Nos.1 to 4 that plaintiff Nos.3 and 4 have inducted a third party, namely Padmavati Textile Mills (a proprietary concern of the respondent abovenamed), as a lessee/licensee in the said property by entering into an agreement dtd. 23/11/2019. This is in direct violation of the 2014 order, which directs plaintiff Nos.1 to 4 on the one hand and defendant Nos.1 to 4 on the other, to maintain status-quo in respect of their respective plots, namely, plot No.250/1 owned by plaintiff No.1 and plot No.250/2 owned by the H.U.F. of defendant No.1. He submitted that it is, in these circumstances, that defendant Nos.1 to 4 have preferred the present application inter alia seeking appointment of a Court Receiver to take possession of the aforesaid two plots and attach all the properties of plaintiff Nos.3 and 4, pending the hearing and final disposal of the above suit.