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2021 Supreme(Jhk) 211

RAJESH SHANKAR
Anil Kumar – Appellant
Versus
Rajendra Prasad Singh – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. R.N. Sahay, Mr. Yashvardhan, Mr. Kirtivardhan, Advocate

JUDGMENT :

The present case is taken up today through Video conferencing.

2. The present writ petition has been preferred for quashing and setting aside the order dated 14.09.2020 passed by the Civil Judge (Senior Division)- I, Dhanbad in Original Suit No. 291 of 2018 whereby the application of the plaintiff/petitioner filed under Order XXXVIII Rules 5 and 6 of the Code of Civil Procedure (CPC) for issuance of direction upon the defendant/respondent to furnish security for the property in question as well as for issuance of order of attachment of the said property in case of default made by the defendant/respondent, has been rejected.

3. The factual background of the case, as stated in the writ petition, is that the petitioner is engaged in Building Construction Business in the name and style of “Pawansut Buildcon India (Pvt.) Ltd”. The petitioner and the respondent entered into a development agreement dated 18.01.2013 for construction of a multistoried building (residential-cum- commercial) over the land described in scheduled-A of the plaint. The respondent executed a registered deed of power of attorney dated 26.07.2013 in favour of the petitioner and appointed him as his true powe

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