LAWS(P&H)-2019-5-136

SPECTRUM LIFE MEDICAL DEVICE PRIVATE LIMITED Vs. EMC SUPER SPECIALITY HOSPITAL PRIVATE LIMITED AND OTHERS

Decided On May 29, 2019
Spectrum Life Medical Device Private Limited Appellant
V/S
Emc Super Speciality Hospital Private Limited And Others Respondents

JUDGEMENT

(1.) Petitioner has preferred this revision petition against the order dated 01.11.2016 passed by the Civil Judge (Jr. Divn.) Amritsar vide which the application filed by the petitioner/defendant No.3 under Order 7 Rule 11 read with Section 151 CPC was dismissed.

(2.) Perusal of the record would show that the plaintiff/respondent No.1 filed a suit for permanent injunction restraining defendants No.1 and 2 from releasing the amount of Rs.9 lakhs from freezed account of the defendant No.3/petitioner and further restraining defendants No.1 and 2 not to honour/encash the stolen cheques from a particular series and also for mandatory injunction directing respondent No.2 to re-transfer the amount of Rs.9 lakhs which was illegally transferred from the account of the plaintiff on the basis of stolen cheque in the account of defendant No.3/petitioner.

(3.) In para Nos.4 and 6 of the plaint, following pleadings were made by the plaintiff:-