SUNIL KAKRANIA Vs. SALTEE INFRASTRUCTURE LTD

JUDGEMENT

(1.) THESE two appeals were heard together as those are interlinked. F. M. A. T. No. 433 of 2009 is at the instance of the defendant in a suit for recovery of money and is directed against Order No. 14 dated 26th February, 2009, passed by the learned Civil Judge, senior Division, Second Court, Barasat in money Suit No. 122 of 2008 thereby disposing of an application under Order 39, Rules 1 and 2 of the Code of Civil Procedure filed by the plaintiff by restraining the defendant from transferring or alienating the suit property described in schedule A to the plaint and from creating any third party's interest in respect of the said property till the disposal of the suit.

(2.) THE other appeal being F. M. A. T. No. 692 of 2009 is, on the other hand, at the instance of the plaintiff of the said suit and is directed against the later part of the selfsame order dated 26th February, 2009 by which the learned Trial Judge dismissed an application under Order 38, Rule 5 of the code of Civil Procedure filed by the plaintiff by which the plaintiff prayed for direction upon the defendant to furnish security for the amount claimed in the suit and in default, for attachment of the property before the judgment.

(3.) THE plaintiff filed a suit being Money suit No. 122 of 2008 in the Court of Civil judge, Senior Division, Second Court, barasat thereby praying for recovery of Rs. 1,02,50,982/- being the cost of construction of a building constructed by the plaintiff on the allegation that the defendant entrusted the plaintiff to construct a multi-storied building on a land at 3, Pagladanga road, Calcutta-46 allotted to the defendant by WBSIDC. According to the plaintiff the total cost of the construction was Rs. 1,57,15,982/- out of which the defendant paid a sum of Rs. 55,00,000/- and thus, the balance amount was still payable.