M/S R K BARARIA vs NANDI INFRATECH PRIVATE LIMITED

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 11th MARCH, 2026 IN THE MATTER OF: I.A. 4623/2019 & I.A. 8900/2019, I.A. 11461/2019 IN + CS(COMM) 166/2019 & CCP(O) 74/2019, I.A. 10609/2020, I.A. 19721/2023, I.A. 33382/2024 M/S R K BARARIA .....Plaintiff Through: Appearance not given versus NANDI INFRATECH PRIVATE LIMITED .....Defendant Through: Mr. Vinay Kumar Garg, Senior Advocate, Mr. Bipin Kumar, Mr. Suresh Chandra Sharma, Mr. K. S. Rekhi, Mr. Shivom Sharma, Advocates CORAM: HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD JUDGMENT I.A. 4623/2019 & I.A. 8900/2019, I.A. 11461/2019 1. The present applications being I.A. 4623/2019 has been filed by the Plaintiff under Order XXXIX Rule 1 and 2 read with Section 151 of the CPC seeking ex-parte ad-interim injunction restraining the Defendant, their agents, representatives or any other person from selling, transferring, alienating or creating any third party interest in 50 Flats in Tower A, J, B, & I and 130 Flats in other Towers and further retrain them, their agents, representatives or any other person acting on their behalf from transferring Signature Not Verified Signed By:RAHUL CS(COMM) 166/2019 Page 1 of 17 SINGH Signing Date:17.03.2026 10:52:41 in any manner till the disposal of the main suit. I.A. 8900/2019 has been filed by the Defendant under Order XXXIX Rule 4 read with Section 151 of the CPC for setting aside the Interim Order dated 09.04.2019 passed by this Court and I.A. 11461/2019 which has also been filed by the Defendant under Order XXXIX Rule 4 read with Section 151 of the CPC seeking modification of the Interim Order dated 05.07.2019 passed by this Court. 2. Shorn of unnecessary details, the facts of the case read as under: i. The Plaintiff is M/s R. K. Bararia, which is a proprietorship concern engaged