Court grants injunction preventing defendant from creating third-party rights. Order maintains status quo on disputed units.

The court granted an order of injunction in favor of the plaintiff, preventing the defendant from creating third-party rights over specified units until the determination of the defendant's liability and payment to the plaintiff. The court emphasized maintaining the status quo regarding the disputed units until the resolution of the liability issue between the parties.

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Issues:
Interim order of attachment before judgment and order of injunction sought by plaintiff against defendant.

Analysis:
1. The plaintiff sought an interim order of attachment before judgment and an injunction against the defendant in a money claim suit. The plaintiff claimed that the defendant failed to fulfill obligations under an agreement to construct and sell three flats, resulting in the plaintiff terminating the contract and demanding a refund of the principal amount with interest. The defendant contended that the plaintiff prematurely terminated the contract, entitling the defendant to deduct a specified amount. The plaintiff approached the National Company Law Tribunal, which disposed of the matter with a tendered sum lower than the plaintiff's claim, leading to the current claim of over Rs. 81 crores against the defendant.

2. The plaintiff limited the application to a prayer for injunction only, foregoing the attachment before judgment. The plaintiff's senior advocate cited a Calcutta High Court case to support the entitlement to an injunction.

3. The defendant's senior advocate argued against the need for attachment before judgment, referencing a Supreme Court case. The defendant claimed that the plaintiff's termination of the contract was premature, justifying the deduction as per the contract terms. The defendant offered a refund, which the plaintiff did not accept, leading to the current dispute.

4. The court referenced previous cases to analyze the situation. The court highlighted that the plaintiff's claim of over Rs. 81 crores based on the agreement for construction and delivery of flats raised triable issues. It was noted that the defendant would be liable to pay the plaintiff, pending determination of the quantum of liability.

5. Considering the circumstances and the unresolved issues between the parties, the court granted an order of injunction to prevent the defendant from creating third-party rights over the specified units until the determination of the defendant's liability and payment to the plaintiff.

6. The court disposed of the application accordingly, emphasizing the need to maintain the status quo regarding the disputed units until the resolution of the liability issue between the plaintiff and the defendant.

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