Judgment:
The Court : This is an application for amendment of the plaint by incorporating some additional parties. The case in the plaint is that the plaintiff had obtained an award in an arbitral reference against a company and the second defendant herein.
The second defendant was the guarantor in the agreement in which the company was the principal debtor. The plaintiff apparently put the award into execution and obtained some money from the sale of a Hazratgunj, Lucknow property of the second defendant. The plaintiff thereafter chased a Camac Street property of the second defendant.
The third defendant herein, a company which includes the second defendant as a shareholder to the extent of 15.61% therein and other associates of the second defendant, resisted the plaintiffs attempt in executing the award against the flat at premises no.26, Camac Street. An initial order was passed in the execution proceedings permitting the conveyance to be executed in favour of the third defendant by the buildings owner or promoter but restraining the third defendant from disposing of the property or causing the conveyance to be effected in the name of any nominee. The execution proceedings ultimately failed.
The plaintiff says that the first defendant herein is the wife of a brother of the second defendant and that the property at Neelkant House has been sold by the third defendant company in favour of the first defendant. It now appears that the first defendant has apparently sold the property to the proposed added fourth defendant and the proposed added fourth defendant has, in turn, sold the first floor flat at Neelkant House to the proposed added defendant nos.5 and 6.
The proposed defendant nos.5 and 6 are represented. It is submitted that these persons have purchased the flat from the proposed added 3defendant no.4. It is further submitted that the proposed added defendant nos.5 and 6 are in possession of the flat 1E on the first floor of Neelkant House.
In view of the plaintiffs claim that the transactions are all sham and fraudulent and the circumstances in which the property has been transferred, the amendments proposed are allowed.
There will also be an order of injunction restraining the defendant nos.5 and 6 from dealing with or disposing of or alienating or otherwise encumbering flat 1E on the first floor of premises no.26B, Camac Street in any manner whatsoever or parting with possession thereof in favour of any person without previous leave of Court.
This order is made without prejudice to the rights and contentions of the proposed added defendant nos.5 and 6 that the plaintiff has no cause of action against them and that they have been unnecessarily dragged into the present proceedings. The amendment should be carried out within a period of four weeks from date and the plaint re-verified.
Written statements or additional written statements, as the case may be, should be filed within six weeks from the date of receipt of copies of the amended plaint. GA No.2466 of 2009 is allowed as above without any order as to costs.
Urgent certified photocopies of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.