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amit kumar (abc)     07 June 2010

IMMEDIATE RELIEF

SIR, MY FATHER IS 4 BROTHERS AND THREE SISTERS. WE HAVE A FAMILY BUSINESS OF BRICK MANUFACTURING. MY FATHER HAS FILED A PARTITION SUIT. IN TODAYS HEARING THE COURT DENIED TO GRANT INJUNCTION ON THE SUIT PROPERTY BUT ACCEPTED THE APPLICATION FOR APPOINTMENT OF A RECEIVER. THE NEXT HEARING DATE IS END OF JULY. BUT, THE PROBLEM IS THAT COURT HAS NOT APPOINTED THE RECEIVER , IT MAY APPOINT HIM ON THE NEXT HEARING.

MEANWHILE AROUND 20 LACS WORTH OF BRICKS ARE STILL IN THE STOCKS . MY UNLES ARE TRYING TO SELL THOSE BRICKS AS FAST AS POSSIBLE EVEN AT THE COST PRICE SO THAT BEFORE THE HEARING DATE THE STOCK BECOMES NIL AND THEY ARE DISTRIBUTE ALL THE PROCEEDS BETWEEN THEM DENYING US ANY SHARE OF THE PROFIT. FURTHER THEY ARE TRYING TO FABRICATE THE BOOKS OF ACCOUNTS TO SUIT THEIR DEFENCE.

CAN I PRAY FOR SOME TEMPORARY INJUNCTION FROM THE COURT. IS THERE ANYWAY SO THAT THE BOOKS SHALL BE SEIZED AND PROHIBITORY ORDER GRANTED AGAINST SALE OF BRICKS.

WHETHER I SHOULD APPLY TO THE HIGH COURT OR CIVIL COURT CAN GRANT US SUCH RELIEF.



Learning

 2 Replies

Dhiraj Alagdeve (Advocate)     07 June 2010

Dear amit, you have a remedy of filing a compesation claim upto the extent of your fathers share.Also contact

your advocate for the reliefs that can be granted to you.Thx

SRIKANTH MYLAVARAPU (SENIOR OFFICER (LEGAL))     08 June 2010

amit ji,

1st you file an advance petition before the court stating all your grevence and immediatly you demand the court for appointment of an recevier

2nd thing is your  INJUNCTION  application is dismissed so immediatly you approach the appellate court for remedy.

3rd thing is if every thing was happening with out reach of ur handsimmediatly you take photographs of your stock  and make further arangments to get compensaton for the loss sustained by you


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