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2018 Supreme(Del) 760

YOGESH KHANNA
J. H. Jewelers – Appellant
Versus
Umed Chindaliya – Respondent


Advocates Appeared:
For the Plaintiffs : Mr. Manav Gupta, Ms. Esha Dutta, Mr. Sahil Garg.
For the Defendants : Mr. Ateev Mathur, Mr. Dalip Mehra, Mr. Siddharth Yadav.

JUDGMENT :

YOGESH KHANNA, J.

I.A. No. 24903/2015

1. This application is moved on behalf of the defendant no. 2 under Section 94 read with Section 151 of CPC seeking discharge from the order and/or modification/clarification of the order dated 07.02.2014 passed by this Court. The said order is as follows:

“I.A. No. 2387/2014

The abovementioned application has been filed by the plaintiff under Order XXXVIII Rule 5 read with Section 151 CPC for attachment of the properties of defendant nos. 1 and 2. Issue notice to the defendants, returnable before the Joint Registrar on the date fixed. The case of the plaintiff is that defendant No. 1 joined the plaintiff in the year 2011 as an Accountant, in which capacity he was responsible for depositing cheques entrusted to him by the plaintiff's partners and maintenance of accounts. However, instead of depositing the cheques of the plaintiff in the plaintiff’s account, defendant No. 1 opened a separate account in his name as that of the plaintiff, i.e. J.H. Jewellers and deposited all the plaintiff’s cheques in the said account. Later on, it ca



















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