I. P. MUKERJI
In The Matter of: Kanak Projects – Appellant
Versus
Oil And Natural Gas Corporation – Respondent
I.P. Mukerji, J.
This is an application by the plaintiff in aid of the above suit. The reliefs claimed are as follows:
“a) The respondent be directed to show-cause as to why it should not be directed to furnish security of Rs.6,42,44,194/-;
b) On failure to show cause and/or sufficient cause, the defendant be directed to furnish security of Rs.6,42,44,194/- and/or its assets and property mentioned in paragraph 25 be attached;
c) The respondent be restrained from dealing with, disposing of, alienating, selling transferring and/or assigning the property mentioned in paragraph 25;
d) The respondent be directed to deposit Rs.15,08,825.30/- per month and/or such other sum as this Hon’ble Court deems fit and proper;
e) Ad interim orders in terms of prayers aforesaid;
f) Such further or other order or orders be passed and/or direction or directions be given as to this Hon’ble Court may deem fit and proper.”
The facts tell a tale of how the tentacles of law and its delay prevent real justice to be done between the parties.
The litigation between the parties is raging from 1985, without any abatement. It concerns a large part of a four storied building, which is numbered as premises no. 41
Union of India Vs. Raman Iron Foundry reported in AIR 1974 SC 1265
Jai Balaji Industries Ltd. Vs. Hyquip Systems Pvt. Ltd. reported in 2010 (4) CHN 87
Sudhir Kumar Vs. Baldev Krishna Thapar reported in (1969) 3 SCC 611.
Atma Ram Properties (P) Ltd. Vs. Federal Motors (P) Ltd. reported in (2005) 1 SCC 705
Marshall Sons & Co. (I) Ltd. Vs. Sahi Oretrans (P) Ltd. reported in (1999) 2 SCC 325
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