MEENA RAVINDRA JHAVERI Vs. DR. NILESH VORA

JUDGEMENT

(1.) This application is for restraining the defendants and their servants and/or agents, assignee etc. from in any manner dealing with, alienating, disposing of, parting with possession and/or creating any third party rights and/or creating any charge in respect of the immovable properties described in 'Exhibit-B' to the plaint, for appointment of Court Receiver in respect of those properties and also to make an inventory of Locker Nos.2130153 and 0740014 in Andhra Bank, Ghatkopar Brach, Mumbai, standing in the name of defendant no.1 and also for a direction to defendant no.1 to disclose on an affidavit all his dealings with the assets of late Vrajlal and Rama Vora, the plaintiffs and defendant no.1's parents.

(2.) The background facts can be stated, in brief, as under:

(3.) The plaintiffs further aver that defendant no.1 purchased Flat No.A-401 and 402, Presidential Towers, L.B.S. Road, Ghatkopar (West), Mumbai, in the year 1995-1996. The consideration to acquire the said flats again, according to the plaintiffs, flowed from the joint family funds and the loans advanced and funds made available by the Vrajlal and Rama. Thus, defendant no.1 through various modes and means utilized Vrajlal's funds for the purpose of ensuring that the then existing business loans were retired and further properties were acquired in defendant no.1's individual name, to the detriment of the plaintiffs interest. The plaintiffs have furnished the details of the various loans allegedly advanced by Vrajlal, Rama and Ratilal Vora (HUF) and Smt. Jabakben Vora, the mother of Vrajlal, to defendant no.1 and defendant no.1's wife Nita.