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SREENIVAS HARISH KUMAR
Kamalalaya Hiisoft (P) Ltd. – Appellant
Versus
Sree Venkateswara Developers Represented by its Managing Partner Mr. Adithya Reddy – Respondent
ORDER :
The writ petitioners are defendants 1 to 3 in O.S.No.662/2023, on the file of XXXIX Additional City Civil Judge (CCH-40), Bengaluru. The respondent is the plaintiff and it, being a partnership firm, has claimed damages of Rs. 100,00,00,000/- (Rupees One hundred Crores) with interest at the rate of 12% per annum for slanderous and libelous defamatory statements made by the petitioners. The respondent also filed an application under Order XXXVIII Rule 5 CPC requesting the court to pass an order attaching the petitioners’ immovable property and bank account before judgment. The suit was filed on 27.01.2023, and on the same day the suit was posted before the court for consideration of I.A.No.1 filed under Order XXXVIII Rule 5 CPC. The petitioners had entered caveat, and in the presence of counsel for respondent and the petitioners, the trial court heard on
I.A.1 and posted the case to 30.01.2023 for orders on the application. On 28.01.2023, the petitioners filed this writ petition seeking to quash the order dated 27.01.2023 produced at Annexure A. Since on 30.01.2023, the trial court passed an order directing the petitioners to show cause as to why they should not furnish securit
The court reinforced the necessity of security for claims under Order XXXVIII Rule 5, affirming that a defendant's denial of the plaintiff's claim justified the attachment to protect the plaintiff's ....
Satisfaction of the Court is a pre-requisite for grant of conditional attachment under Order XXXVIII, Rule 5 of CPC. Failure to comply with the requirements of Order XXXVIII, Rule 5 of CPC renders th....
Conditional attachment Order -An order dismissing an application under O.38, Rule 5 is not appealable - Matter squarely falls under Order XXXVIII, Rule 6 of CPC and the Order of the Trial Court is ap....
It is settled law that power under Order 38 Rule 5 of CPC is drastic and extraordinary power.
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