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2020 Supreme(Kar) 968

NATARAJ RANGASWAMY
Anand Rathi Shares And Stock Brokers Limited – Appellant
Versus
Sangamesh – Respondent


Advocates Appeared:
B.G. Gaurav Mandappa, Advocate, Shivakumar R Tengli, Advocate, Ponnacha, Advocate

JUDGMENT

Nataraj Rangaswamy, J. - Mfa No.200388/2019 is filed by the defendant in O.S. No.129/2017 challenging the Order dated 06.12.2018 passed by the II Addl. Senior Civil Judge Bidar, in O.S.No.129/2017 by which the trial Court allowed an application filed by the plaintiff under Order 39 Rule 1 and 2 R/W section 151 of CPC and directed the defendant No.1 to deposit a sum of Rs.30,00,000/- in a fixed deposit in any nationalized bank.

2. Mfa 200768/2019 is a companion appeal filed by the plaintiff in the aforesaid suit by which he has challenged the Order dated 06.12.2018 in O.S.No.129/2017, in so far as it relates to requiring the defendant No.1 to deposit Rs.30,00,000/- in a Fixed Deposit, though the suit claimed was for a sum of Rs.47,94,000/-.

3. Since both these appeals are connected and as both of them challenge the very same order, these two appeals are taken up together for disposal. The parties shall henceforth be referred to as they were arrayed before the Trial Court.

4. The plaint filed in O.S.No.129/2017 discloses the following; that the defendant No.1 was a stock broker and a trading member at the Bombay Stock Exchange as well as the National Stock Exchange and was au

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