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2019 Supreme(Cal) 959

SOUMEN SEN, RAVI KRISHAN KAPUR
Harleen Jairath – Appellant
Versus
Prabha Surana – Respondent


Advocates:
Advocate Appeared:
Jishnu Saha, Adv., Ishaan Saha, Adv., A.K. Mukherjee, Adv., Saurabh Prasad, Adv., Surajit Nath Mitra, Adv., Sakya Sen, Adv., Anamika Pandey, Adv., Amrita Pandey, Adv.

JUDGMENT :

Soumen Sen, J.

By consent of the parties, the appeal and the applications are taken together and disposed of by this common order.

2. The appeal is arising out of an order dated 29th August, 2019 by which the learned Single Judge has refused to pass any ad-interim order in favour of the appellant.

3. The appellant filed a suit for recovery of money and cancellation of deed of gift. In the said proceeding, the appellant has filed an application under Order 38 Rule 5 of the Code of Civil Procedure (hereinafter referred to as "CPC") for attachment of certain immovable properties of the respondent no. 1.

4. Shortly put, the plaintiff has filed a suit for recovery of a sum of Rs. 14,86,00.000/- claimed to have been due and owing by the defendant no.1 to the plaintiff as on 31st March, 2018. The plaintiff claimed that from time to time the defendant no.1 and her husband Shanti Kumar Surana obtained diverse loans and advances from the plaintiff's husband Vikram Jairath. As on 31st March, 2018, a sum of Rs. 5,14,00,000/- remained due and owed by the defendant no. 1 to Vikram Jairath and a sum of Rs. 9,27,00,000/- had remained due and owing by the said Shanti Kumar Surana to the plain

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