KOHINOOR STEEL PRIVATE LIMITED Vs. PRAVESH CHANDRA KAPOOR

JUDGEMENT

(1.) These two appeals were heard together as those were preferred against two parts of the selfsame order passed by the learned single Judge thereby modifying the ex parte interim order of injunction granted earlier.

(2.) A. P. O. No. 190 of 2010 is at the instance of a defendant in a suit for recovery of money and is directed against order dated 29th March, 2010 passed by a learned single Judge, by which the said learned Judge modified the earlier order dated 5th March, 2010 to this extent that the defendant was restrained from drawing any amount from its bank account without leaving apart a sum of Rs.74,40,962/- with further stipulation that in the event the amount available in the accounts is insufficient, the original order of injunction passed in terms of prayer (b) of the application should continue till six weeks. It may not be out of place to mention here that by the initial order dated 5th March, 2010 the learned Single Judge passed an ad interim order restraining the defendant from creating any third party's interest over and in respect of the plant and machineries supplied by the plaintiff in terms of contract dated 10th November, 2006 and 21st November, 2006 and also restraining the defendant from withdrawing any money from the bank account mentioned in paragraph 42 of the application without leaving a balance of Rs. 1.5 Crore.

(3.) On the other hand, the plaintiff has come up with the other appeal being APO 309 of 2010 against the selfsame order dated March 29, 2010 by which the learned single Judge varied the interim order dated 5th March, 2010 in favour of the defendant. In other words, the grievance of the plaintiff in his appeal is that the learned Trial Judge should have refused to vary the interim order dated March 5, 2010 on the prayer of the defendant.