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2009 Supreme(Cal) 492

BHASKAR BHATTACHARYA, PRASENJIT MANDAL
Sunil Kakrania – Appellant
Versus
Saltee Infrastructure Ltd – Respondent


Advocates Appeared:
For the Appearing Parties:Sudhis Das Gupta, Saptangshu Bose, Anaya Pas, S.P. Roychowdhury, Probal Mukherjee, Paritosh Sinha, Chaitali Chatterjee, Amitava Mitra, Dolan Das Gupta, Advocates.

Judgment :

BHASKAR BHATTACHARYA, J.

(1) These two appeals were heard together as those are interlinked. F.M.A.T. No. 433 of 2009 is at the instance of the defendant in a suit for recovery of money and is directed against Order No. 14 dated 26th February, 2009, passed by the learned Civil Judge, Senior Division, Second Court, Barasat in Money Suit No. 122 of 2008 thereby disposing of an application under Order 39, Rules 1 and 2 of the Code of Civil Procedure filed by the plaintiff by restraining the defendant from transferring or alienating the suit property described in Schedule A to the plaint and from creating any third partys interest in respect of the said property till the disposal of the suit.

(2) The other appeal being F.M.A.T. No. 692 of 2009 is, on the other hand, at the instance of the plaintiff of the said suit and is directed against the later part of the selfsame order dated 26th February, 2009 by which the learned Trial Judge dismissed an application under Order 38, Rule 5 of the Code of Civil Procedure filed by the plaintiff by which the plaintiff prayed for direction upon the defendant to furnish security for the amount claimed in the suit and in default, for attachm

















































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