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2024 Supreme(AP) 796

NINALA JAYASURYA
Fedora Sea Foods Pvt. Ltd. – Appellant
Versus
Apple Bio Technologies – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: M/s.O M R Law Firm
For the Respondent: Mr. V.S.R.Anjaneyulu, Senior Counsel for Mr.V.V.L.N.SARMA

ORDER :

As the issues involved in the present cases are inter-linked, the same are disposed of by a Common Order.

2. For the sake of convenience, the parties are referred to as they are arrayed in Transfer C.M.P.No.83 of 2022.

3. Heard Mr.O.Manohar Reddy, learned Senior Counsel appearing on behalf of the petitioner. Also heard Mr.V.S.R.Anjaneyulu, learned Senior Counsel representing the respondents.

4. Perused the material on record as also the written submissions on behalf of both sides.

Brief Facts:

5. The petitioner / M/s.Fedora Sea Foods Private Limited filed O.S.No.59 of 2021 before the Court of VIII Additional District Judge, Nellore seeking recovery of a sum of Rs.9,55,74,429/-, from the respondents, which is due towards the purchase of Aqua feed on credit basis and interest thereon. Along with the suit, the petitioner filed I.A.No.88 of 2021 seeking attachment before Judgment and an ex parte order of conditional attachment was passed on 20.09.2021. On receipt of notices, the respondents filed an application I.A.No.131 of 2021 before the Trial Court for rejection of the plaint under Section 151 of Code of Civil Procedure (for short ‘C.P.C.’) r/w Order VII Rule 11 (d) of C.P.C., st

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