9911796707
TMI Blog2014 (4) TMI 1273X X X X Extracts X X X X X X X X Extracts X X X X ..... Notice of this Application was attempted on all Defendants. While some of the Defendants have been served with the notice, on a majority of them service was not possible as their premises were found closed or there was no one to accept the service. An Affidavit of Service dated 11th April 2014, has been filed in respect of service being attempted/made. 2. Defendant No 1 to 5 and 9 and 11 have appeared through counsel and requested for time to file reply. Defendant Nos. 14 and 15 have also appeared through counsel and stated that Defendant Nos. 14 and 15 are only nominee directors on the board of Defendant No. 1. 3. I have heard the Learned Senior Advocate for the Plaintiff on the application of the ad interim relief which is presently re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s. 693 crores, which it has agreed to pay. 5. As regards Defendant No 20, it has admitted to have received an aggregate sum of Rs. 42.77 crores from three parties, one of whom is Defendant No 1, and which Defendant 20 has agreed to pay to the Plaintiff. The amount to be paid on account of Defendant No. 1, is stated in the Plaint to be 31.10 crores, out of which a sum of Rs. 1.90 crores has been paid to Plaintiff leaving a balance of Rs. 29.20 crores. which is payable to the Plaintiff. 6. The Plaintiff seeks ad interim relief at this stage in terms of the prayers mentioned for as protecting its claim. 7. I have heard the Counsel who have appeared today for the respective parties. I have gone through the Plaint and the documents and materi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion in the course of which some arrests have also been made. Exhibits "BB" and "CC" are press reports which mention that the ED has attached properties of Defendant 1 and investigation has revealed that large amounts were siphoned off to invest in the real estate project of Defendant No 20. 11. The 1st Defendant and some of its directors owe huge amounts arising of their role in the NSEL scam which is being investigated by the authorities. 12. In my view, prima facie, the Plaintiff has made out a strong case for being entitled at this stage to limited adinterim relief, interalia, in view of the averments made in the Plaint including the statements in paragraph 9,10, 18 to 21 thereof, and material placed on the record. 13. It is necessary ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to 13 and 16 and not against Defendant Nos. 14 and 15 at this stage. The aforesaid prayers are reproduced below: "e. that pending the hearing and final disposal of the Suit, the Defendant No. 1 be directed and/ or injuncted from disposing of, alienating, encumbering, parting with possession of and / or otherwise creating third party rights in respect of its immovable properties and assets including those described and contained in Exhibit "AA" to the Plaint as known to the Plaintiffs. f. that pending the hearing and final disposal of the Suit, the Defendant No. 4 be directed and/ or injuncted from disposing of, alienating, encumbering, parting with possession of and / or otherwise creating third party rights in respect of its movable/im ..... X X X X Extracts X X X X X X X X Extracts X X X X
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