Case Note & Summary
The plaintiff, Sanjeev Alias Sanjay Subhash Grover, filed a Notice of Motion in Suit No. 1989 of 1995 seeking ad-interim and interim relief against the defendants, Vertex Trading Co. and another, concerning suit premises being Unit No.14, ground floor, Ashish Co-operative Industrial Estate Ltd., Gokhale Road, Mumbai. The reliefs sought included appointment of a receiver with all powers under Order XL of the Code of Civil Procedure, 1908 (CPC), mesne profits from March 1986 at the rate of Rs.75,000 per month until delivery of possession, an injunction restraining the defendants from storing combustible goods in the suit premises, and an order restraining them from alienating or parting with possession or creating any third-party interest. The plaintiff filed a supporting affidavit dated 17th September, 2003, which was controverted by a counter affidavit dated 8th October, 2003 filed by defendant No.2 as a partner of defendant No.1. After considering rival contentions, the court passed an ad-interim order on 13th October, 2003, granting relief in terms of prayer clause (d) except bracketed words and restraining the defendants from storing combustible goods. No other ad-interim relief was granted. The notice of motion was subsequently argued at the final hearing stage by the learned Senior Counsel for the plaintiff, Mr. N.J. Thakkar, for interim relief in terms of prayer clauses (a) to (e) and confirmation of the order dated 13th October, 2003. The court's decision on the interim relief is pending.
Headnote
A) Civil Procedure - Interim Relief - Appointment of Receiver - Order XL Rule 1 CPC - The plaintiff sought appointment of receiver with all powers under Order XL CPC, mesne profits from March 1986 at Rs.75,000 per month, and injunction restraining storage of combustible goods and alienation of suit premises. The court, after considering rival contentions, granted ad-interim relief in terms of prayer clause (d) except bracketed words and restrained defendants from storing combustible goods. No other ad-interim relief was granted. (Paras 1-2) B) Civil Procedure - Interim Relief - Confirmation of Ad-Interim Order - The notice of motion was argued at final hearing stage for interim relief in terms of prayer clauses (a) to (e) and confirmation of order dated 13th October, 2003. The court had earlier passed an ad-interim order on 13th October, 2003. (Para 2)
Issue of Consideration
Whether the plaintiff is entitled to interim relief including appointment of receiver, mesne profits, and injunction against the defendants in respect of the suit premises.
Final Decision
The court had earlier passed an ad-interim order on 13th October, 2003 granting relief in terms of prayer clause (d) except bracketed words and restraining defendants from storing combustible goods. The notice of motion was argued at final hearing stage for interim relief; the court's decision on the interim relief is pending.
Law Points
- Interim relief
- appointment of receiver
- mesne profits
- injunction
- Code of Civil Procedure
- 1908
- Order XL Rule 1
- Section 151 CPC
