Star India Pvt. Ltd. vs Mahalakshmi Digital Cable And Communication Ltd

Heard learned counsel for the petitioner and learned counsels for respondent nos. 1 and 2 also.

By the last order it was indicated that petitioner wanted an interim relief but the consideration of the same was deferred to 3.3.2021 so that

respondents may avail an opportunity to file vakalatnama and reply within four weeks. The last order dated 28.01.2021 is as follows :

Heard learned counsel for the petitioner. As per affidavit of service notice was effected on both the respondents on 1.1.2021.Â

Fortunately both the respondents have appeared through their respective counsels Mr. Vadivelu Deenadayalan and Mr. Kunal Vats.

Learned counsel for the petitioner prays for an interim relief on the basis of communication which according to petitioner amounts to

admission of dues of Rs. 55 Lakhs and odd. It would be appropriate to grant a reasonable opportunity to the respondents to file their

replies before the interim prayer is considered.

In view of difficulties expressed by learned counsel for respondent no. 1 , learned counsel for the petitioner has agreed to furnish a

softcopy of the petition with annexures although notice is claimed to have been already served. Both the respondents are granted an

opportunity to file their Vakalatnama and reply within four weeks. Time for rejoinder shall be considered on the next date, if required.Â

Post the matter under the same head for directions and for considering the interim relief on 3.3.2021.

Today, learned counsels for respondents have prayed for postponing the consideration of interim relief for some more time so that they may file their

replies. This prayer has been seriously opposed by learned counsel for the petitioner who has strongly pleaded for granting atleast some of the

interim reliefs to prevent any loss to the petitioner by transfer of money or assets by respondent no. 1 to 3rd parties.

On going through the interim releifs sought by the petitioner in para 41 and particularly, those from (h) to (i), it is deemed proper and in the interest of

justice to direct the respondent no. 1Â not to take out money from the bank accounts given in para (e), which is as follows :

A/c - 24210200000305

Bank of BarodaÂ

43, 101 C, Opposite Municipal Office

N R Peta

Kurnool,

Andhra Pradesh - 518004

A/c- 201557813268

Axis Bank

S V Complex, 40/581,

R S Road, Sankal Bagh

Kothapeta,

Kurnool,

Andhra Pradesh - 518004

and not to transfer, alienate or encumber any of its movable and immovable properties without seeking the leave of this Tribunal till the next date.

In order to avoid complications and delay, in view of prayer made in para 41(h), respondent no. 1 is directed to disclose their movable and immovable

properties by filing an affidavit in addition to their reply, before the next date.

Learned counsel for respondent no. 1 has opposed the passing of aforesaid interim order but as indicated earlier, while granting time for reply, it is

deemed just and proper to make the aforesaid interim arrangement and issue the directions as made.

The interim reliefs shall be considered further on the next date even if the respondents chose not to file any reply / short reply within the time

granted above.

Post the matter under the same head on 16.3.2021.