RAVI PODDAR Vs. MITRA MANDAL SANGATHAN

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) This Miscellaneous Appeal has been filed for setting aside the order dtd. 4/10/2021 passed in the Title Suit No. 625 of 2019 by the learned Additional Sub-Judge- 1, Saran at Chapra, whereby the petition filed under Sec. 94 read with Order 39 Rule 1 and 2 CPC by the plaintiff/ appellant for grant of temporary injunction to restrain the defendants / respondents from transferring suit property has been rejected.

(3.) The appellant is the plaintiff in the suit and defendant - respondent No. 1, namely, M/S Mitra Mandal Sangathan is an Association of person (AOP) formed for the purpose of purchase and sale of land and it has to act through its president. The defendant / respondent Nos. 2 to 8 are its founder members. Members of defendant No. 1 appointed defendant - respondent No. 2 as its President. On reference made by BIFR for winding up sick company, namely, M/S Saran Engineering Company Ltd., Mis. Company Application No. 06 / 1995 was registered by Allahabad High Court and the company Judge appointed official liquidator who directed for its auction sale of immovable and movable properties. Defendant No. 1, M/S Mitra Mandal Sansthan submitted its tender by depositing a draft of Rs.5.00 lac dtd. 6/1/2004, participated in public auction held on 7/1/2004 in open Court of learned Company Judge, Allahabad High Court and offered highest amount of Rs.67.00 Lac for lot No. 1 property i.e. for land and building of the factory of M/S Saran Engineering Company Ltd. in open bid which was accepted and was provisionally confirmed the sale in its favour by directing the purchaser defendant no. 1 to deposit 31 lacs within 2 months and remaining 31 lacs was to be paid on the date when plant and machinery be removed by M/S Gunjan Trading Company who had purchased the plant and Machinery i.e. Lot No. 2 of M/S Saran Engineering Company Ltd. It was also stated that until payment is made the purchaser defendant no. 1 was not entitled to deal with the property.