UNIFLEX CABLES LIMITED Vs. MANSINGH HANUTMAL BAID

JUDGEMENT

(1.) THE plaintiff has filed this suit seeking the following reliefs:

(2.) THIS Notice of Motion came up for ad-interim reliefs on 8th October, 1997. Leave was granted. Prima facie, it was held that Receiver is not discharged in this matter and he will continue till the Notice of Motion is disposed of.

(3.) THE facts which emerge from the various pleadings may be noticed. Plaintiffs are a Public Limited Company having their registered office at 1st floor, Sagar Bhavan, 147 Princess Street, Mumbai-400 002 and their administrative office at 11, Jorawar Bhavan, 3rd floor, 93 Maharshi Karve Road, Marine Lines, Mumbai-400 020. The plaintiffs are presently operating from their administrative office at Jorawar Bhavan. Defendant Nos. 1 to 12 are all members of one family. Defendant No. 1 is the father of defendant Nos. 2 and 4. Defendant Nos. 3 and 5 are wives of defendant Nos. 2 and 4 respectively. Defendant Nos. 6, 8, 10 and 12 are the sons of defendant Nos. 4 and 5 and the grandsons of defendant No. 1. Defendant Nos. 7, 9 and 11 are the wives of defendant Nos. 6, 8 and 10. Defendant No. 13 acted as the Sole Arbitrator and made the award dated 24th June, 1995 filed in this Court under Award No. 208 of 1996. It is the case of the plaintiffs that although the plaintiffs were not a party to the arbitration proceedings, certain orders and a decree has been passed by this Court which have the effect of seriously prejudicing the rights, title and interest of the plaintiffs vis-a-vis the office premises on the first floor building of Sagar Bhavan. Defendant No. 14 is the Court Receiver, High Court, Bombay who in pursuance of the orders and the decree passed by this Court has been appointed Receiver of the plaintiffs office premises. Defendant No. 15 is a Limited Company and defendant No. 16 is a proprietary concern. No relief is claimed against defendant Nos. 15 and 16 who are said to be tenants also on the first floor building of Sagar Bhavan.