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2022 Latest Caselaw 4735 Gua

                                                               Page No.# 1/5

GAHC010247942022




                      THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)


                          I.A.(Civil)/3564/2022

         DRB INFRASTRUCTURE PRIVATE LTD. AND 2 ORS.
         A REGISTERED COMPANY HAVING ITS REGISTERED OFFICE AT PLOT NO.
         221/A
          3RD FLOOR
          PANCHAVATI COLONY
          ROAD NO. 10
          BANJARA HILLS
          HYDERABAD
         TELANGANA- 500034.

         2: RAMESH BABU DIGUVAMURTHI
         MANAGING DIRECTOR
          DRB INFRASTRUCTURE PVT. LTD.
          PLOT NO. 221/A
          3RD FLOOR
          PANCHAVATI COLONY
          ROAD NO. 10
          BANJARA HILLS
          HYDERABAD
         TELANGANA- 500034.

         3: KRUPA JYOTHI DIGUVAMURTHI
         DIRECTOR
         DRB INFRASTRUCTURE PVT. LTD.
         PLOT NO. 221/A
         3RD FLOOR
         PANCHAVATI COLONY
         ROAD NO. 10
         BANJARA HILLS
         HYDERABAD
         TELANGANA- 500034.
         VERSUS
                                                               Page No.# 2/5

MAHAVEER TRANSPORT CORPORATION
A SOLE PROPRIETORSHIP CONCERN HAVING ITS PRINCIPAL PLACE OF
BUSINESS AT 2ND FLOOR
RANGPEE MARKET
BEHARBARI CHARIALI
A.G. COLONY ROAD
GUWAHATI- 781029
IN THE DISTRICT OF KAMRUP (M)
ASSAM REPRESENTED BY ITS DOLE PROPRIETOR RAJEEV KUMAR
SHUKLA
SON OF RAM DEO SHUKLA.


------------
Advocate for : MR. T K BHUYAN
Advocate for : appearing for MAHAVEER TRANSPORT CORPORATION

                        In Case No. : FAO/57/2022

          DRB INFRASTRUCTURE PRIVATE LTD. AND 2 ORS.
          A REGISTERED COMPANY HAVING ITS REGISTERED OFFICE
          AT PLOT NO. 221/A, 3RD FLOOR, PANCHAVATI COLONY,
          ROAD NO. 10, BANJARA HILLS, HYDERABAD, TELANGANA-
          500034.

          2: RAMESH BABU DIGUVAMURTHI
           MANAGING DIRECTOR
           DRB INFRASTRUCTURE PVT. LTD.
           PLOT NO. 221/A
           3RD FLOOR
           PANCHAVATI COLONY
           ROAD NO. 10
           BANJARA HILLS
           HYDERABAD
          TELANGANA- 500034.

          3: KRUPA JYOTHI DIGUVAMURTHI
           DIRECTOR
           DRB INFRASTRUCTURE PVT. LTD.
           PLOT NO. 221/A
           3RD FLOOR
           PANCHAVATI COLONY
           ROAD NO. 10
           BANJARA HILLS
           HYDERABAD
          TELANGANA- 500034
                                                                           Page No.# 3/5

                      VERSUS

                      MAHAVEER TRANSPORT CORPORATION
                      A SOLE PROPRIETORSHIP CONCERN HAVING ITS PRINCIPAL
                      PLACE OF BUSINESS AT 2ND FLOOR, RANGPEE MARKET,
                      BEHARBARI CHARIALI, A.G. COLONY ROAD, GUWAHATI-
                      781029, IN THE DISTRICT OF KAMRUP (M), ASSAM
                      REPRESENTED BY ITS DOLE PROPRIETOR RAJEEV KUMAR
                      SHUKLA, SON OF RAM DEO SHUKLA.



          Advocate for the Petitioner   : MR. T K BHUYAN

          Advocate for the Respondent :


                                  BEFORE
                    HONOURABLE MR. JUSTICE AJIT BORTHAKUR

                                          ORDER

Date : 01.12.2022

Heard Mr. PD Nair, learned counsel appearing for the applicants/defendants.

By this application under Order 41 Rule 5 r/w Order 43 Rule 2 and Section 151 of the CPC, the applicants have prayed for stay of the ex-parte ad-interim order, dated 17.11.2022 passed by the learned Civil Judge No.1, Kamrup (M), Guwahati in Misc. (J) Case No. 1030/2022 arising out of Money Suit No.201/2022.

Mr. PD Nair, learned counsel appearing for the applicants submits that the impugned ex-parte ad-interim order, dated 17.11.2022 has been passed in Misc. (J) Case No. 1030/2022 referred to above in connection with Money Suit No. 201/2022 instituted by the opposite party/plaintiff for recovery of a sum of Rs.20,77,076.00 ( Twenty Lakhs Seventy Seven Thousand and Seventy Six) only along with interest @ 18 % per annum thereon but the schedule movable Page No.# 4/5

property is approximately valued at more than Rs.10 Crores has been restrained from transportation by train out of the local jurisdiction of the said court without giving any opportunity of being heard to the applicants/defendants under Order 39 Rule 1 and 2 r/w Section 151 of the CPC. Mr. Nair further submits that the aforesaid impugned order having been passed unreasonably and without application of sound judicial discretion in the light of the golden principles required to be considered before such an equitable urgent relief is granted. Mr. Nair further submits that the aforesaid impugned order is a clear violation of the mandate of Section 41 (h) of the Specific Relief Act and Order 39 Rule 3 A of the CPC, the same is liable to be stayed and on the other hand, if it is not done, the national project which is going on at Katra in Jammu will be stalled indefinitely. Mr. Nair has relevant plea and referred to two Judgments rendered in the cases of 1)Sunil Kakrania & Ors -vs- M/s Saltee Infrastructure Ltd. & anr. Reported in (2010) 1 ICC 204 (Cal) (DB) and 2) Md. Saifullah Wakf Estate & anr.

-vs- Sara Devi Agarwalla @ Madhania, 1994 SCC Online Gau 184.

Issue notice to the opposite party/plaintiff.

Steps by registered post with A/D as well through usual process within 2 days.

List on 20.12.2022.

Till the returnable date, the operation of the ex-parte ad-interim order, dated 17.11.2022 passed by the learned Civil Judge No.1, Kamrup (M), Guwahati in Misc. (J) Case No. 1030/2022 arising out of Money Suit No.201/2022 shall remain stayed.

Meanwhile, in view of Order 39 Rule 3 A of the CPC, the learned Civil Judge No.1, Kamrup (M), Guwahati is directed to make an endeavour to dispose Page No.# 5/5

of the Misc. (J) Case No. 1030/2022 arising out of Money Suit No.201/2022 on

or before 16th of December, 2022 in accordance with law.

JUDGE

Comparing Assistant