PESTICIDES AND BREWERS LTD Vs. NARENDRA KUMAR BERLIA

JUDGEMENT

(1.) THIS appeal under Clause 15 of the Letters Patent is at the instance of the defendant No.6 and is directed against order dated 18th April, 2011 passed by a leaned Single Judge of this Court by which His Lordship passed an ad interim order of injunction by restraining the defendants Nos.6 to 18 of the suit from transferring or alienating or otherwise encumbering any of their fixed assets without previous leave of Court. The defendants Nos.6 to 18 were further restrained from changing the shareholding composition therein without previous leave of the Court. The plaintiff was also restrained from dealing with or disposing of or alienating any of the properties standing in the plaintiffs name or those otherwise under the control of the plaintiff till the disposal of the application.

(2.) THE learned Single Judge directed the parties to file affidavit -in -opposition within fortnight from the date of passing of such order with further direction that the matter would appear as adjourned motion in the monthly list of June, 2011. Instead of filing any affidavit -in -opposition, the defendant No.6 has straightway preferred this appeal.

(3.) AFTER filing of the aforesaid suit, the plaintiff came up with an application for injunction praying for an order of injunction in terms of the prayer for permanent injunction made in the plaint of the suit till the disposal of the suit on the basis of selfsame allegations made in the plaint. As pointed out earlier the learned Single Judge by the order impugned herein passed direction for filing affidavit and also granted the ad interim order of injunction. Being dissatisfied, the defendant No.6 has come up with the present appeal and the plaintiff has filed a cross -objection.