The court has the inherent power to grant interim injunctions under S. 151 of the CPC to preserve the subject matter of a suit and prevent a party from defeating a potential decree by alienating its only valuable immovable asset.

I.A. 388/2026 (For early hearing and interim order)

1. The present application has been filed on behalf of the plaintiff under Section 151 of the Code of Civil Procedure, 1908 (“CPC”), seeking an urgent and early hearing of the present case and further to restrain the defendant from creating any third-party interest in the property, i.e., A-57, Wazirpur Industrial Area, Delhi 110052.

2. Learned Senior Counsel appearing for the plaintiff submits that the present suit is presently listed for further proceedings including consideration of the plaintiff’s application, i.e., I.A. 26275/2025, under Order XXXVIII Rule 5 CPC seeking attachment of the defendant’s subject property, before judgment and filing of the written statement on behalf of the defendant.

3. Learned Senior Counsel on behalf of the plaintiff submits that on the last date of hearing i.e. 22nd December, 2025, during the course of arguments in the plaintiff’s application under Order XXXVIII Rule 5 CPC, this Court recorded the statement made on behalf of learned Senior Counsel appearing for the defendant that the subject property already stands mortgaged with Kotak Mahindra Bank and therefore, there was no possibility of sale or alienation of the said property.

4. The relevant portions of the order dated 22nd December, 2025 is reproduced as under:

xxx xxx xxx

I.A. 26275/2025 (u/O-XXXVIII R-5 CPC)

5. The present application has been filed on behalf of the plaintiff seeking attachment of the property, i.e. Property No. A-57, Wazirpur Industrial Area, Delhi-110052.

6. Mr. Vaibhav Gaggar, senior counsel appearing on behalf of the defendant has drawn the attention of the Court to paragraph 23 of the reply filed by the defendant to the present application, wherein it has been specifically stated that the aforesaid property already stands mortgaged with Kotak Mahindra Bank.

7. List on 12th January, 2026, i.e. the date already fixed.

8. In the meanwhile, the defendant shall take steps to have the written statement placed on record.”

(Emphasis Supplied)

5. It is submitted that subsequent to the said hearing, on the evening of 06th January, 2026, the Director of the plaintiff company received reliable information from market sources, that the defendant, contrary to its statement before this Court, has proceeded to sell and/or has already agreed to sell the subject property to a third party entity, namely, ‘JAGRITI OVERSEAS PRIVATE LIMITED’.

6. It is submitted that it has further come to the knowledge of the plaintiff that Jagriti Overseas Private Limited has applied for and obtained sanction of a loan from the very same bank, namely Kotak Mahindra Bank, for the purchase of the subject property and that the said bank has already issued a ‘No Objection Certificate’ in favour of the defendant permitting execution of the sale deed in respect of the subject property. Thus, it is submitted that these developments clearly demonstrate that the defendant is actively attempting to defeat the legitimate claim of the plaintiff by alienating its only known valuable immovable asset.

7. It is further submitted that the aforesaid conduct of the defendant not only belies the statement made before this Court on 22nd December, 2025, but also establishes a clear and imminent intention on the part of the defendant to remove, dispose of and/or alienate the subject property.

8. It is submitted that if the defendant succeeds in sale of abovementioned property, the plaintiff shall suffer irreparable loss as the recoverable amount will stand unsecured and unpaid.

9. Thus, the present application has been filed seeking interim protection, till the next date of hearing, to restrain the defendant from creating any third party interest in t