Civil Procedure Code (CPC)

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Narinderjit singh Tiwana   20 September 2020

What is time limit/Validity of Ex-parte, Ad-Interim stay granted since more than 3 yrs. back in Civil Suit for Inj.

A firm having 2 partners in ratio of 55/45 percent opene d Bank a/c with stipulation that for operation,signatures of both partners Shall be nessacery. Minor partner filed a Civil Suit seeking inj.for operating said Bank a/c .Summon was served on a family member of the other partner who wrote on Court Copy"Rec'd.bare Summon sans Anneures". As served partner was o/o/station, he asked an Advocate & he appeared on his behalf with Memo of appearance but Ld.Court granted Inj.& the same is still operative as the plaintiff's Advo.is a Pet one. An appeal was filed but it was dismissed with direction to the Trial Court to dispose of the suit w/o delay but plaintiff's Advocate seeks adjournment on one pretext or the other & the Stay is still opeeative.Sir! I want to know whether SC ruling viz. Asiatic Road surface etc. is not applicable which mandates that if any inj. not renewed with specific reasons to continue inj.is so nessacery,the stay SHALL be vacated.Pls. guide or quote some forceful ruling to get the stay vacated.Thnx.Sir!


 3 Replies

P. Venu (Advocate)     03 October 2020

The facts posted are incomplete. What is the issue in dispute? What is nature of the interim order? What is the stand of your advocate?

Narinderjit singh Tiwana   05 October 2020

Mr. P. Venu, First of all I may pay due thanx for replying. Problem is that minor partner wants to usurp full profit of the firm.As the Co.supplying products to firm in question has tie-up with only State Bank & thus accepts all payments sent through RTGS/NEFT in advance from the abovesaid Bank & for that (as per stipulation in a/c opening form) signures of both partners are mandatorially necessary. But as major partner while going out of state for pretty long time, he gave written request to the Bank with words " though as per stipulation for opertion of firms a/c, sinatures of both partners R necessary, but if cheques R presented sd/- by only one partner, the same be entertained" & thus major partner returned after about 4 yrs. & he demanded his due unpaid share amt. from his partner. But as the minor partner had availed full profits for such aforesaid long period, he kept on promising for more than about 4 months & then on advice an Advocate filed a Civil Suit seeking Inj. on the plea that he had been operating the said Bank A/c for so much long time as his other partner had sold his share to him & produced Affidavits of some of his own henchmen. Service of Summons was got effected on some family member of major partner who wrote on counterfoil that "Summons Recieved w/o Annextures" As major partner was unluckily o/o/ station.He instructed his known Advocate to attend the Court by filing Memo of Appearance on his behalf. But a newly appointed Judge granted Inj.in Jan.2017 which is still operative & minor partner is swalloing full profits earned by the firm since year 2012/13.Till Jan./Feb.2020,his Advocate any how got dates & now Courts R not working due to Corona-19 pandemic,dates are being granted & thus minor partner is enjoying full profits with immunity till date. In light of abovesaid facts,what should or could be done?? Thanx.in anticipation please.

P. Venu (Advocate)     05 October 2020

In light of the facts stated, the best option is to expedite the suit based on the directions of the appellate court. Has the pleadings been completed.


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