M.M.PUNCHHI, S.P.BHARUCHA
Syed Abdul Razack – Appellant
Versus
Matadin Agarwal – Respondent
ORDER
1. Leave granted.
2. This appeal is directed against the order of a Division Bench of the High Court of Andhra Pradesh in LPA No, 193 of 1993 upsetting the orders of a learned Single Judge, passed in breach of injunction proceedings.
3. The appellant herein was injuncted by the court for alienating certain properties. According to the appellant before he was served with the injunction he had disposed of those properties. The price fetched was Rs. 75,000. The breach of the injunction was reported to the High Court. The learned Single Judge took the view that the appellant had evaded service of the injunction and had indulged in a hide and seek game and, therefore, deserved to be dealt with severely. The appellant was thus ordered to be detained in civil prison for three months. The appellant then showed cause to the learned single Judge against the action ordered. He pleaded that he was not aware of the issuance of injunction and that the refusal recorded by the postman on the registered covered letter sent to him was wrong. The learned Single Judge impressed by the version of the appellant recalled the order of detention and ordered instead attachment of the sum of Rs. 75,000
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