LILAM ARVIND VORA Vs. M B ASSOCIATES

JUDGEMENT

(1.) The plaintiff's have taken out this Notice of Motion inter alia praying for appointment of Court Receiver, High Court, Bombay, or some other fit and proper person, of the property admeasuring 3810 Sq. meters, known as "Haveli", at Bhiwandi, Kotargate, as more particularly described in Exhibit "A" to the plaint (for short "suit property"); to sell the same by and under the directions of this Court and pay net sale proceeds thereof to the plaintiffs for appropriating towards the plaintiffs' claim in the suit; for injunction restraining the defendant No. 8 by itself, its servants, agents from in any manner developing the suit property or carrying out any proposed construction; or creating any third party interests in the proposed construction of the suit property; for injunction restraining the defendant by themselves, their servants and agents from in any manner dealing with or disposing off or transferring or alienating, encumbering or parting with possession of the suit property or any part thereof.

(2.) The plaintiffs the instituted the Suit No. 3411 of 2006 against defendants for recovery of Rs. 3,63,46,595 with further interest on the principal sum of Rs. 3,08,79,631/- @ 18% per annum from the date of institution of the suit till the decree and thereafter at the same rate till the payment and/or realization, among the other prayers.

(3.) The defendant No. 1 is a partnership firm registered under the Indian Partnership Act, 1932 and the defendant Nos. 2 to 7 (since then defendant No. 3 has expired), are the partners of defendant No. 1. The defendant No. 8 is a partnership firm duly registered under the provisions of Indian Partnership Act, 1932.