Bombay High Court
A. M. KHANWILKAR
BANK OF MAHARASHTRA -Appeallant
Versus
BAGWE UDYOG LTD. -RESPONDENTS
SUIT 475 Of 2002
Decided On: 06/04/2007
"issue temporary injunction against the defendants that until further orders, they shall not dispose of, alienate, mortgage, transfer or create a charge of any sort over their properties, including the properties in the present loan transaction. "
( 2 ) THE Plaintiffs assert that the said order of injunction was sent by the Plaintiffs under the cover of their letter dated 19th November 1999 to the City Survey Officer, Santacruz (West), Mumbai, intimating the City Survey Office about passing of the injunction order in respect of the property in question. According to the Plaintiffs' noting regarding the said injunction order has been made in the property register card on 3rd December 1999 in respect of the said property. The Plaintiffs further assert that by letter dated 11th January 2000, the Plaintiffs wrote to the City Survey office for issuance of Index-II after recording injunction order passed by the D. R. T. The plaintiffs also sent letter to Defendant No. 3 with request not to register/accept for registration any document for transfer of the property in question at the instance of Defendant No. 1 without prior intimation to the Plaintiffs. After all this, the plaintiffs claim to have published public notice in the English Newspaper Indian Express dated 29th january 2001. The Plaintiffs further assert in para 13 of the Plaint that in or about third week of January 2000, the Plaintiffs learnt that defendant No. 1 with a view to defraud the plaintiffs and all other creditors vide a purported deed of Assignment dated 17th September 1999 executed on a non-judicial stamp paper of Rs. 100/- (Rupees One Hundred), purportedly assigned all their right, title and interest in the immovable property in question to the Defendant No. 2 for a meagre consideration of Rs. 24,50,000/- (Rupees twenty-four Lakhs Fifty Thousand) as against the estimated market value of the said property to be over Rs. 1,00,00,000/- (R
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