JAYANT PATEL, R.M.CHHAYA
Pradip Overseas Pvt. Ltd – Appellant
Versus
Ess Bee Fabrics Pvt. Ltd – Respondent
Jayant Patel, J.—As both the appeals arise from the common judgment, they are being considered simultaneously.
2. Both the appeals are directed against the judgment and decree passed by the 3rd Additional Senior Civil Judge, Ahmedabad (Rural) (hereinafter referred to as ‘lower Court’) in Special Civil Suit No. 220/03, whereby it has been declared that the transaction of sale by the original defendant Nos. 2 and 3 for sale of the property to defendant No. 1 is unauthorised, illegal, fraudulent and mala fide and it has been further declared that the transaction of sale of land at Sanand bearing Block Nos. 104, 105 (a) and 105 (b) with the shed vide two sale deeds is also declared illegal, fraudulent and mala fide and irregular.
3. The lower Court has further granted permanent injunction restraining the defendant No. 2, its directors, officers and its employees to utilise and/or sell and/or create any license or transfer or create any encumbrance over the property and has further restrained them from interfering to the utilisation of all the movable properties by plaintiff, its Directors and/or the employees. By the very decree, the lower Court has also directed defendant No.
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