SUPERDOC MEDICINES PVT. LTD Vs. DIPEN JAYANT SHAH

JUDGEMENT

(1.) This Notice of Motion is filed by the Applicants/ Plaintiffs for appointment of the Court Receiver in respect of the inventory, assets, receivables and the books of accounts of a partnership firm known as M/s Shree Simba Chemists as well as for a Receiver in respect of the immovable property being Flat No.7 Asha Bindu Co-op Housing Society Ltd. admeasuring approximately 400 square feet and more particularly described in Exh "D" to the plaint. Prayer clause (b) of the Motion is seeking an injunction against the Defendants from dealing with, disposing off or parting with possession or creating any third party rights and or interest in relation to the said property described in Exh "D" to the plaint.

(2.) When this Notice of Motion was initially filed, a detailed ad-interim order was passed on 9th October, 2014. This order reads thus;

(3.) As can be seen from this order, there was ad-interim injunction granted in terms of prayer clause (b) of the Notice of Motion. In paragraph 5 it was clarified that, the question as to whether the Plaintiffs can simultaneously claim cancellation of the Deed of Retirement and also claim the balance amount and whether or not there was any charge already created in respect of the property mentioned at Exh "D" to the plaint, are the matters which would be considered at the hearing of the Notice of Motion after the parties are given an opportunity to state their respective cases on affidavits.