SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2002 Supreme(Bom) 334

D.D.SINHA
Murtuzakhan Mahabobkhan, since deceased, through his legal representatives & others – Appellant
Versus
Ballarpur Industries Limited – Respondent


JUDGMENT - D.D. SINHA, J.:---Heard Shri Anjan De, learned Counsel for the applicant, and Shri Naik, learned Counsel for the non-applicant.

2. In the present revision, order dated 25-10-1994 passed by the 2nd Joint Civil Judge, Senior Division, Chandrapur below Exh. 4 in Special Civil Suit No. 132/1994 is assailed.

3. Shri Anjan De, learned Counsel for the applicant, states that the non-applicant/plaintiff has filed a suit against the applicant/defendant for recovery of Rs. 1,50,000/- and during pendency of the suit, the non-applicant/plaintiff moved an application under Order XXXVIII, Rule 5 of the Code of Civil Procedure for attachment of property before judgment. The said application is allowed by the Court below by the impugned order and applicant is directed to furnish security to the tune of Rs. 1,60,000/ with solvent surety in like amount in the trial Court.

4. It is contended by the learned Counsel for the applicant that the impugned order is bad in law since non-applicant/plaintiff has not brought on record any material to show that the applicant/defendant was intending to obstruct or delay execution of any decree, which would be passed in the civil suit. Similarly, the plaint











Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top