Dismissed

Mr. Gopikumar Nair S/O. Prabhakar Nair v. 1. M/S. Dolee Pharmaceuticals Pvt. Ltd. and Ors.

Bombay HC11 Sept 2007CAF/2553/2007

Case brief

AI extract

What is this about?

A single judge dismissed a civil application seeking an injunction against the sale of a company's property. The court noted the trial court had exonerated the company and proceeded against individuals, rendering the injunction without merit. An interim order was vacated.

What did the court decide?

Application dismissed; interim order from 11.7.2007 vacated.

Mr. Gopikumar Nair S/O. Prabhakar Nair Vs 1. M/S… — Execution and Attachment | Bombay HC (2007)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
APPELLATE JURISDICTION

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Gopikumar Nair s/o Prabhakar Nair..Applicant
V/s
M/s Dolee Pharmaceuticals Pvt.
Ltd., & Ors...Respondents.

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..Respondents.

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Mr. J.A. Udaipuri i/b M/s Udaipuri & Co. for the
applicant.

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Mr. G.B. Bhatt for respondent No.3.

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P.C.

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1.Heard.

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2. The Suit was filed by the Applicant for recovery
of monies in respect of construction of factory of
Respondent No.1- Company. The Trial Court exonerated
the Respondent No. 1- Company, which is a separate
legal entity and held the Respondent No.2 personally
liable and directed Respondent No.2 to pay to the
Applicant Rs. 13,59,139.52 Ps. plus interest @ 6%
per annum.

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3.We are informed that the Applicant has already

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taken out execution proceeding against Respondent
No.2.

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4.We do not find any merit in the submissions of
the learned Counsel for the applicant, which would
persuade us to grant injunction against the
Respondents not to sell the land which belongs to the
Respondent No.-1 Company, as there is no decree
passed against the Respondent No.1- company. The
conclusions exonerating the Respondent No.1- Company
were arrived at by the Trial Court after recording
and appreciation of evidence. Moreover, the
Respondent No.2 has already been proceeded against,
in execution by the Applicant.

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5.In the circumstances, no case is made out to
grant injunction and the Civil Application is
dismissed.

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6.Ad interim Order granted on 11.7.2007 stands
vacated.

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( A.A. SAYED, J.)

Mr. Gopikumar Nair S/O. Prabhakar Nair v. 1. M/S. Dolee Pharmaceuticals Pvt. Ltd. and Ors.

Case brief

What is this about?

What did the court decide?

Mr. Gopikumar Nair S/O. Prabhakar Nair v. 1. M/S. Dolee Pharmaceuticals Pvt. Ltd. and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Parties & counsel

Coram

Case details

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