Sunil Dutta Mishra, J. – Heard learned counsel for the parties.

2. This Miscellaneous Appeal has been filed for setting aside the order dated 04.10.2021 passed in the Title Suit No. 625 of 2019 by the learned Additional Sub-Judge- 1, Saran at Chapra, whereby the petition filed under Section 94 read with Order 39 Rule 1 and 2 CPC by the plaintiff/ appellant for grant of temporary injunction to restrain the defendants / respondents from transferring suit property has been rejected.

3. The appellant is the plaintiff in the suit and defendant - respondent No. 1, namely, M/s Mitra Mandal Sangathan is an Association of person (AOP) formed for the purpose of purchase and sale of land and it has to act through its president. The defendant / respondent Nos. 2 to 8 are its founder members. Members of defendant No. 1 appointed defendant - respondent No. 2 as its President. On reference made by BIFR for winding up sick company, namely, M/s Saran Engineering Company Ltd., Mis. Company Application No. 06 / 1995 was registered by Allahabad High Court and the company Judge appointed official liquidator who directed for its auction sale of immovable and movable properties. Defendant No. 1, M/s Mitra Mandal Sansthan submitted its tender by depositing a draft of Rs. 5 lac dated 06.01.2004, participated in public auction held on 07.01.2004 in open Court of learned Company Judge, Allahabad High Court and offered highest amount of Rs. 67 Lac for lot No. 1 property i.e. for land and building of the factory of M/S Saran Engineering Company Ltd. in open bid which was accepted and was provisionally confirmed the sale in its favour by directing the purchaser defendant no. 1 to deposit 31 lacs within 2 months and remaining 31 lacs was to be paid on the date when plant and machinery be removed by M/s Gunjan Trading Company who had purchased the plant and Machinery i.e. Lot No. 2 of M/S Saran Engineering Company Ltd. It was also stated that until payment is made the purchaser defendant no. 1 was not entitled to deal with the property.

4. M/s Mitra Mandal Sangathan (defendant no. 1) did not have enough capital to pay the said sale consideration amount, accordingly, approached the plaintiff/ appellant to pay Rs. 23.45 lacs (i.e. 35% of total sale consideration of Rs. 67 lacs) to defendant-respondent No. 1 for which the defendant – respondent No.1 through defendant- respondent No. 2 offered to transfer 35% ownership in the share of land and building of M/S Saran Engineering Ltd. purchased by M/S Mitra Mandal Sangathan in Court sale. Accordingly, an agreement dated 07.04.2004 was executed. The plaintiff-appellant made payment through five demand drafts and cash of Rs. 27,500/- for total Rs. 11,72,500/-. The drafts were made in favour of official liquidator, Allahabad High Court which was half of Rs. 23.45 lacs and gave the same to defendant-respondent No. 2 who deposited the same with official liquidator, Allahabad High Court and the said fact is mentioned in the said Agreement.

5. The plaintiff – appellant claimed that soon thereafter he paid remaining amount i.e. Rs. 11,72,500/- to defendant – respondent No. 2 in cash on different dates in November and December, 2005 in 3 installment for payment of balance sale consideration by defendant-respondent No. 1 to official liquidator. The defendant-respondent No. 1 paid Rs. 31 lacs on 03.01.2006 with the official liquidator, Allahabad High Court which includes the payment of Rs. 11,72,500/- made by plaintiff – appellant to defendant-respondent No. 2.

6. The learned Company Judge vide order dated 08.02.2006 confirmed the sale in favour of defendant-respondent No. 1. On misrepresentation that M/S Mitra Mandal Sangathan is a sister concern of M/S Gunjan Trading Company represented by Raj Kumar Agarwal, the sale deed dated 08.06.2007 was executed in the name of M/S Mitra Mandal Sansthan as sister concern of M/S Gunjan Trading Company represented by Raj Kumar Agarwal. M/S Mitra Mandal Sansthan got registered itself under U.P