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2001 Supreme(Ker) 509

M.R.HARIHARAN NAIR
Greater Cochin Development Authority – Appellant
Versus
Harrisons Malayalam Ltd. – Respondent


Judgment :-

M.R. Hariharan Nair, J.

These revisions raise important questions with regard to the satisfaction to be arrived at while passing order of attachment before judgment; as to the manner in which the order has to be served; as to the impact of failure to strictly comply with the terms of the relevant provisions and forms and also a novel question whether steps under Order 21 Rule 46-A & 46-B can be taken by the trial court before a decree is passed in the case.

2. C.R.P. Nos. 1565 and 1566/99 arise from the order passed in I.A. Nos. 1708/99 and 6424/98 of the Sub court, Ernakulam. Both these revisions are at the instance of the defendant in O.S. No. 713/98 of the Sub Court, Ernakulam, namely, M/s. Hindustan Steelworks Construction Ltd. C.R.P. No. 1472/99 is filed by the G.C.D.A., Cochin, who is the garnishee. The 1st respondent in all the three revisions is M/s. Harrisons Malayalam Ltd., who is the plaintiff in the aforesaid suit whose prayer in the suit is to recover a sum of Rs. 6,19,07,317/-, being the amount payable under an alleged contract entered into with the defendant-Hindustan Steelworks Construction Ltd. (These parties will hereinafter be referred to as plaintiff a


































































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