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ANU SIVARAMAN, G BASAVARAJA
SGK Agencies Private Limited – Appellant
Versus
Bremels Rubber Industries Private Limited – Respondent
JUDGMENT :
G BASAVARAJA, J.
Order on maintainability of the appeal:
1. This is plaintiff's appeal against the order passed on IA.2 filed under Order XXXVIII Rule 5 read with Section 151 of the Code of Civil Procedure in OS No.237 of 2023 on the file of District and Sessions Judge (Commercial Court-86), Bengaluru (for short hereinafter referred to as the "trial Court").
2. For the sake of convenience, the parties herein are referred to with their status and rank before the trial Court.
3. Brief relevant facts leading to filing of this appeal are that the appellant/plaintiff instituted Com. OS No.237 of 2023 against the respondent before the trial Court for recovery of money of Rs.8,04,59,495/- with interest at the rate of 12% per annum from the date of filing the suit till its realisation. Along with the suit, the plaintiff had filed an Interlocutory Application under Order XXXVIII Rule 5 read with Section 151 of Code of Civil Procedure, 1908 praying for direction to the respondent to deposit or furnish sufficient security for a sum of Rs.8,04,59,495/- with interest at the rate of 12% per annum, so as to completely satisfy the main relief, failing which, to pass an order of attachment be
An appeal against an order dismissing an application for attachment is not maintainable if no attachment order was issued.
An appeal against an order of attachment before judgment under Order 38 Rule 5 CPC is not maintainable as it is not enumerated as an appealable order under Order 43 Rule 1 CPC.
An appeal against an ad-interim order is maintainable under Order XLIII Rule 1(r) of the CPC, applicable in commercial disputes, affirming that such orders do not preclude appellate jurisdiction.
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....
Recovery of amount – Attachment of property – Void as the property subject matter of the suit not standing in the name of the first defendant, as the entire claim in the suit was against the first de....
A plaintiff must establish a prima facie case for attachment before judgment, ensuring no asset disposal occurs that could obstruct potential recovery, as underscored by Order 38 Rules 5 and 6 of CPC....
The appeal under Order 38 Rule 5 of the CPC is maintainable when conditional attachment is involved, ensuring proper legal mechanisms for securing claims.
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 ....
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