Judgment:
AP No.450 of 2012 AP No.451 of 2012 AP No.452 of 2012 In the High Court at Calcutta Ordinary Original Civil Jurisdiction Original Side L & T FINANCE LTD.VS Mr.KUNAL BHARDWAJ & ANR.
Appearance Mr.Ratnanko Banerjee, Advocate Mr.M.A.Niyaji, Advocate Mr.Koushik Dey, Advocate Before : The Hon’ble Justice Sanjib Banerjee Date :
7. h August, 2012 The Court :- The respondents have carried a cheque for Rs.5 lakh in favour of the petitioner and a post-dated cheque for Rs.2 lakh.
The cheques are handed over and it is submitted on behalf of the respondents that the cheques would be honoured upon presentation.
The cheques have been issued by a person whom the respondents claim to be an authorised representative of the fiRs.respondent.
The fiRs.respondent is in judicial custody and in proceedings relating to the five assets that form the subject-matter of the three agreements, the High Court at Jharkhand has released the assets, on conditional basis, to the authorised representative of the fiRs.respondent who has issued the cheques made over to the petitioner in Court today.
It is the fairly admitted position that a sum of about Rs.30 lakh remains due, without taking into consideration the cheques handed over in Court today.
The petitioner says that the sum of about Rs.30 lakh represents the defaulted instalments and does not include the interest and other charges due under the agreements.
Since the High Court at Jharkhand appears to be in seisin of the matter and the assets that form the subject-matter of the agreements between the parties have not been released unconditionally to the fiRs.respondent or his representative, an order of injunction in respect of the assets will suffice.
Accordingly, the respondents are restrained, whether by themselves or by their servants or agents or assigns or otherwise howsoever, from dealing with or disposing of or alienating or encumbering the assets or any part thereof without the previous leave of this Court, except in the usual couRs.of business.
The respondents have also offered to cause an immovable property to be mortgaged in favour of the petitioner by some relative or acquaintance of the fiRs.respondent.
The respondents have also submitted that the entire dues of the finance company will be cleared within six months.
Let the matter appear three weeks hence when further payments on account of the defaulted instalments should be made by the respondents.
Urgent certified photocopies of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.
(SANJIB BANERJEE, J.) sg.