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1988 Supreme(All) 5

A.N.VERMA, ALOK KUMAR BASU
KUSUMA GUPTA – Appellant
Versus
SARLA DEVI – Respondent


Advocates Appeared:
RAVI KANT CHADHA, S.P.JAIN

AMARENDRA NATH VARMA, J.

( 1 ) THIS appeal is directed against an interim injunction granted by the learned Second Additional Civil Judge, Shahjahanpur, restraining the appellants from either utilizing the machinery fixed in the concern Messrs Banda Khandsari Udyog, Shahjahanpur, or, from doing any business in the name of the same during the pendency of a suit instituted by Smt. Sarla Devi against the appellants and the respondents Nos. 2 to 5. It may be mentioned at the outset that the effect of the injunction issued by the Court below is that a running business has been brought to a standstill.

( 2 ) THE suit was filed on December 23, 1985 for dissolution of a partnership firm called Messrs Banda Khandsari Udyog as well for directing the appellants to render accounts of the firm. Simultaneously with the suit the plaintiff filed an application under O. XL, R. I of the Code of Civil Procedure for appointment of a receiver over the assets of the firm. By an ex parte order the Court below appointed a receiver against which order the appellants filed an appeal in this Court which is pending. In that appeal, this Court has passed an order suspending the operation of the order appointin






















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