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1996 Supreme(Del) 519

S.K.MAHAJAN
GOODWILL INDIA LIMITED – Appellant
Versus
TONU CONSTRUCTIONS – Respondent


S. K. Mahajan, J.

( 1 ) THIS order will dispose of the application of the petitioner for the appointment of a Receiver to seize the equipment namely One number Stanford Eder Hydraulic Excavator Model R 825 LC, Machine Sr. No. 06. 1010/8710 and all other necessary implements and accessories from the possession of the respondents and to keep the same in his safe custody till the decision of the suit.

( 2 ) BRIEF facts of the case, which have resulted in the petitioner filing the present application, are that the petitioner, alleging itself to be engaged in the business of hire purchase and leasing, is alleged to have purchased hi-: # :- I. A. 1552/95 in Suit No. 425/95

( 3 ) ONE number Stanford Eder Hydraulic Excavator Model R 825 LC, Machine Sr. No. 06. 1010/8710 with necessary implements and accessories from M/s. Stanford En- gineering Limited, Alwar and had given the same to respondent No. 1 on lease.

( 4 ) WHILE the total value of the excavator was Rs. 23,77,280. 00 , a sum of Rs. 3,57,280. 00 was deposited by respondent No. 1 and the balance amount of Rs. 20,20,000. 00 was paid by means of three cheques between April 10, 1987 to April 27, 1987 by petitioner to M/s. Stanford Engin























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