HALDYN GLASS LIMITED Vs. SAUMYALATA SHYAMA SHETTY

JUDGEMENT

(1.) THE present suit is filed by the Plaintiff for a declaration that the Plaintiff owns the suit flat and for a decree of possession and permanent injunction restraining Defendant No. 1 from transferring, selling, alienating, encumbering and/or creating third party rights in respect of the same. Defendant No. 1 is an ex -employee of the Plaintiff and presently an accused in a case registered by the Economic Offences Wing, Crime Branch, Mumbai (EOW) for cheating the Plaintiff and misappropriating its funds. It is the case of the Plaintiff that the suit flat has been purchased by Defendant No. 1 from out of the misappropriated funds of the Plaintiff. The present Notice of Motion is taken out for appointment of Court Receiver in respect of the suit flat.

(2.) THE Defendants have inter alia objected to the maintainability of the suit on the ground of limitation. A preliminary issue will have to be accordingly framed under Section 9A of the Code of Civil Procedure, 1908. The following issue is framed as a preliminary issue :

(3.) THE case of the Plaintiff may be briefly outlined as follows :