ASTREX ENTERPRISE PVT. LTD. Vs. SURENDRA SINGH BENGANI

JUDGEMENT

(1.) The plaintiff has filed the instant application praying for appointment of Special Officer/Receiver for taking possession of books of account and to finds the details of various transactions with various debtors and other parties and to collect the trade receivable by the defendant from the debtors of the defendant.

(2.) The plaintiff had filed the suit against the defendant being C.S. No. 156 of 2020 praying for a decree for a sum of Rs.5,41,88,527.00 along with interest. The plaintiff previously filed an application being G.A No. 1 of 2020 praying for an order of injunction restraining the defendant from withdrawing any amount from the bank mentioned in prayer (a) of the said application. In the said application, this Court has passed an order restraining the defendant from withdrawing any sum from S.B. A/c No. 910010017274507 maintained with the Axis Bank Limited, Sarat Bose Road, Kolkata and S.B A/c No. 3102135000011008 with Karur Vysya Bank, Shakespeare Sarani Branch, Kolkata without keeping aside a sum of Rs.5.00 crore towards the claim of the plaintiff.

(3.) In the affidavit-in-opposition filed by the defendant in connection with G.A No. 1 of 2021, the defendant stated that the defendant did not have any control over the S.B. A/c No. 910010017274507 maintained with the Axis Bank Limited as the said account was opened by the finance broker Shri Shanti Kumar Surana in the name of the defendant and the defendant has handed over blank signed cheques to Shanti Kumar Surana for his use. The plaintiff confronted the above statement to Shri Shanti Kumar Surana, he has denied the allegation made by the defendant. Shanti Kumar Surana vide his letter dated August 2, 2021 clarified that the allegation made by the defendant in the affidavit-in-opposition are absolutely false and the defendant had also filed a suit being C.S No. 89 of 2021 before this Court against one Gyan Nidhi Trust and others including Shanti Kumar Surana.