AMAR NATH MITRA Vs. ARINDAM GANGULI

JUDGEMENT

(1.) THIS revisional application is directed against order No. 1 dated. 17th June 2009 passed by learned District Judge, Alipore in Miscellaneous Appeal No. 298/2009 by which an ad interim order of injunction was refused.

(2.) THE petitioners filed a suit for declaration that they did not authorize the Opposite Party No. 1 to enter into an agreement for sale to encumber four flats as described in the schedule to the plaint and also further declaration that the purported transaction of loan in respect of the aforesaid flats with the bank or any other banks or financial institution is not binding upon them and cannot be enforced and prayed for a decree for permanent injunction restraining the opposite parties from attaching or selling or encumbering and/or adversely affecting the four flats in any manner in relation to any recovery proceeding.

(3.) ONE of the salient features of the said transaction is that the opposite party No. 1 would allot the petitioners Nos. 1 to 14 a super built area by 2200 sq. feet free of costs and shall pay a sum of Rs. 2,75,000/ - to each of the petitioners Nos. 5 to 8. In order to facilitate the smooth progress of the development work, a power of attorney was executed by the petitioners Nos. 5 to 8 to obtain sanctioned plan and to construct and to look after all the works strictly in terms of the sanctioned plan.