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1976 Supreme(Del) 112

YOGESHWAR DAYAL
SARDAR CARBONIC GAS COMPANY – Appellant
Versus
SHER-I-PUNJAB TRADING COMPANY – Respondent


Yogeshwar Dayal

( 1 ) THIS order will dispose of LA. 444 of 1976 filed by the plaintiff under order 40 rule 1 and Section 151 of the Code of Civil Procedure for appoiltment of receivers for taking immediate possession of the cylinders lying stored at various places mantioned in the application, as well as LA. 468 of 1976 filed on behalf of defendant No. 1 for staying operation of the ad-interim order dated February 26, 1976 passed in LA. 444 of 1976 filed on behalf of the plaintiff.

( 2 ) THE plaintiff had filed the aforesaid application for appointment of receivers during the pendancy of the suit filed by them, against defendant Nos. 1 and 2 for recovry of Rs. 2,21, 977. 26 and for mandatory injunction directing the defendants to return and deliver back 584 cylinders and not to obstruct the plaintiff to have access to the said gas cylinders and to take them in its possession and also for prehibitory injunction restraining the defendants from transferring, disposing, dealing or using them in any manner whatsoever with the said gas cylinders. It was played in the alternative that in case mandatory injunction cannot be granted, a decree for delivery of the gas cylinders may be passed





















































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