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1954 Supreme(Bom) 94

CHAGLA, SHAH
Basudeo Ramgovind – Appellant
Versus
Vachha and Co. – Respondent


Advocates:
M.R. Parpia and C.C. Vaidya, for Appellant; H.M. Seervai, for Respondents.

Judgement

FACTS : -One Satyanarayanlal (plaintiff), who was carrying on business as a carpet merchant at Bhadohi in Banares filed a suit against Basudeo (defendant) to recover Rs.35,000 odd in respect of certain consignments of carpets supplied by him to the defendant at Bombay. The defendant by his written statement admitted a sum of Rs.6,000.

On January 10, 1950, the plaintiff took out a summons for attachment before judgment, and the property of the defendant, including certain carpets, was attached. On March 8, 1950, an order was made in chambers by Bhagwati J. raising the attachment, the relevant portion of which was as follows:

"I do by and with such consent order that upon the Defendant depositing in Court a sum of Rs.5,000 on or before the 10th day of March 1950 to the credit of this suit and hereby further undertaking to hand over to the Court Receiver appointed Receiver herein as hereafter provided the carpets mentioned in List "B" hereto by way of security for the Plaintiffs claim in suit........And I do by and with such consent further order that the said Receiver be and he is hereby at liberty to sell the said carpets from time to time at the best rates with the consent o
































































































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