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Justice Krishna Rao, J
Helios Diagnostic & Health Care Pvt. Ltd. – Appellant
Versus
Sri Anirban Pal Chaudhury & Ors. – Respondent
| Table of Content |
|---|
| 1. initiation of a contractual agreement between parties. (Para 1 , 1 , 2 , 3) |
| 2. arguments supporting the plaintiff's case for injunction. (Para 8 , 10 , 12) |
| 3. confirmation of payments and agreements in property transactions. (Para 19 , 20) |
| 4. court's reasoning on granting injunction based on possession and agreements. (Para 28 , 30) |
1. The plaintiff has filed the present application being G.A. No. 2 of 2023 in C.S. No. 162 of 2022 praying for an order of injunction. The Principal Director of the plaintiff company, namely, Dr. Saumabha Dasgupta and the defendant no.1 being the close friends decided to set up a diagnostic center in the suit property belonging to the defendant no.1
and accordingly on 1st March, 2007, the defendant no.1 had entered into a Tenancy Agreement with the plaintiff with respect to the suit property upon payment of monthly rent.
2. The defendant no.1 obtained a Cash Credit Loan of Rs.44,00,000/- from the State Bank of India, Bhupen Bose Avenue Branch by keeping the suit property as collateral security to the bank and when the defendant no.1 was not in a position to repay the loan, the defendant no. 1 was in search of a purchaser who can purchase t
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