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1997 Supreme(Bom) 612

S.S.NIJJAR
Kishore Kumar B. Zaveri and another – Appellant
Versus
Navinchandra H. Somaiya and others – Respondent


JUDGMENT - S.S. NIJJAR, J.:---This suit has been filed by the plaintiffs for recovery of a sum of Rs. 4,83,480/- as per the particulars of claim Ex. 1 to the plaint; with further interest @ 24% p.a. from the defendant No. 1. An injunction is also sought against the defendants No. 1 and 2 restraining them from collecting rent payable to the plaintiffs by the defendant No. 3. A permanent injunction is sought restraining the defendant No. 3 from paying the rent payable by them to the plaintiffs in their respective share of 97% to the defendants No. 1 and 2.

2. The Notice of Motion No. 2112 of 1995 was taken out by the plaintiffs for interim injunction restraining the defendants No. 1 and 2 from collecting the rent payable to the plaintiffs by the defendant No. 3. An order of injunction was also sought against the defendant No. 3 restraining him from paying the rent by them to the plaintiffs in respect of the share of the plaintiffs. This Notice of Motion came up for hearing on 3rd August, 1995. Ad interim relief in terms of prayer clause (a) of the Notice of Motion was granted. The aforesaid order was clarified by the order dated 9th October, 1995 enabling the Bank to pay the rent sepa









































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