O.A.No.596 of 2021

in

C.S.No.286 of 2021

P.VELMURUGAN.,J

The Civil Suit has been filed by the applicant/plaintiff for recovery of

money for a sum of Rs.2,07,83,859/-. During the pendency of the Suit, the

applicant has filed the present application to grant interim injunction restraining

the respondents, their men, agents, servants and any person claiming through

them from alienating, encumbering or otherwise dealing with the Schedule

Property.

2. Learned counsel for the applicant submitted that the first

respondent/first defendant and the third defendant have jointly and

systematically conspired with the fourth defendant to siphon off various

amounts which are legitimately due to the applicant by manipulating the

invoices that are alleged to have been received by the first respondent/first

defendant on behalf of the Hospital. The first respondent/first defendant

falsified the accounts of the Hospital by diverting and crediting into the Bank

accounts of the second respondent/second defendant and third defendant and

thereby, sharing wrongfully gained profits jointly. Now, they are trying to

alienate the properties to defeat the claim of the applicant and therefore, the

applicant filed this application for interim injunction.

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3. Learned counsel for the respondents submitted that the applicant has

filed the above suit as a counter blast of the insolvency petition filed by the

fourth defendant before the National Company Law Tribunal, Chennai [ NCLT,

Chennai in CP (IB) No.193 of 2021] During the period, the applicant had

stopped the payments to many distributors and slowly released only small

amount to some distributors and the applicant stopped huge payment to the

fourth defendant. The respondents come to know that applicant has purchased

many landed properties without realizing the amount to many distributors

including the fourth defendant. No prima facie case is made out to grant

interim injunction. Therefore, interim injunction granted in favour of the

applicant has to be vacated and the application in O.A.No.596 of 2021 has to

be dismissed.

4. Heard and perused the records.

5. Though, the application is filed to grant interim injunction restraining

the respondents, their men, agents, servants and any person claiming through

them from alienating, encumbering or otherwise dealing with the Schedule

Property, prima facie, the applicant has not proved his case by means of

affidavit or otherwise, the respondents are trying to alienate the properties or

encumber the properties in order to defeat the claim of the applicant, in case, he

gets a decree in the Suit. It is a well settled proposition of law that grant of

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interim injunction is the discretionary power of the Court. The party who seeks

the relief of interim injunction, has to prove by means of affidavit or otherwise

that he has got prima facie case, and balance of convenience is also in his

favour and if interim injunction is not granted, irreparable injury would be

caused to him. But, in this case, the applicant has not proved his case by means

of affidavit or otherwise that the respondents are trying to alienate the

properties in order to defeat the claim of the applicant.

6. Therefore, from the said facts and circumstances, this Court does not

find any prima facie case and balance of convenience in favour of the applicant

and therefore, the application is liable to be dismissed. While granting interim

injunction, the Court must satisfy with all the three ingredients, if there is lack

of any one of the ingredients, the applicant is not entitled to get interim

injunction. Accordingly, this application is dismissed.

7. Respondents are directed to re-present the written statement which was

returned by the Registry, within a week.

8. List the C.S.No.286 of 2021 on 21