PREMLAL R DESAI Vs. NITINKUMAR MANHARLAL PAREKH

JUDGEMENT

(1.) THIS order will dispose of Notice of Motion Nos.2783 of 1998 and 874 of 1999.

(2.) NOTICE of Motion No.876 of 1999 has been taken out by the Applicant for vacation of the ad-interim order dated 31st August, 1998.

(3.) IN the affidavit in reply filed by the defendant it is stated that the defendant had already entered into an agreement for sale dated 14th August, 1998. It is further stated that steps have been taken to make an application in terms of Form No. 37-I with the Competent authority under Chapter XX-C , Section 269-UC of the Income tax Act. It has transpired that the application was in fact made on 17th August, 1998. The defendant also states that the suit flat is leased in favour of Consulate General of Mauritius for a period of three years with an option to the lessee to renew the lease. Merely because the plaintiffs have filed a suit cannot be a ground to dent the defendant from his right to deal with the property. The liability in favour of the plaintiff is denied. It is submitted that loan, if any, is granted to M/s. Poise International Ltd. and not to the defendant. The authenticity of Exhibit-A is denied. The Applicant on the other hand has stated that he had entered into a valid agreement for sale. He was given due notice to any party who may be having a lien over the property. It is also the case of the applicant that the entire consideration price has been either paid or adjusted. The defendant has taken over the contingent liability of Rs.1,20,00,000/- towards Consulate General of Mauritius. It is further the case of the Applicant that he came to know of the order of injunction only in December, 1998. The amount of Rs.1.37 crores had been paid in November, 1998. According to the applicant, the followings amounts have been either paid or adjusted.