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M.KARPAGAVINAYAGAM
Renox Commercials Ltd. – Appellant
Versus
Inventa Technologies Pvt. Ltd. – Respondent
Key Points: - The applicant must prove the defendant’s mala fide intention to obstruct or delay the decree for attachment before judgment. (!) - Essential requirements for Order 38, Rule 5 include: defendant about to dispose of or remove property with an intent to obstruct or delay execution; plaintiff must state grounds and source of information; proper affidavit with particulars. (!) (!) (!) (!) (!) - The court emphasized caution and that mere general allegations or mere repetition of the rule’s language are insufficient; must show specific facts and grounds. (!) (!) - The two sine qua non are: (i) disposal or attempted disposal of property; (ii) mala fide intent to obstruct or delay decree. (!) (!) - In this case, the court found those requisites were not satisfied and dismissed the application with costs. [21000125350026][21000125350032]
The Order of the Court was as follows :
Renox Commercials Limited has filed a suit in C.S. No. 518/99 for recovery of a sum of Rs. 56,23,123/- with future interest at the rate of 18% per annum against Inventa Technologies Private Limited, Chennai and Allahabad Bank, Main Branch, Chennai, the defendants.
2. Pending disposal of the suit, the plaintiff/applicant has filed this application No. 2290 of 1999 praying for a direction to the Inventa Technologies Private Limited, the respondent/first defendant herein, to furnish security for the suit claim failing which, to order attachment before judgment of the immovable property belonging to the first defendant/respondent herein.
3. This application was admitted by this Court on 21-7-1999 and notice was issued to the respondent for furnishing security, returnable by three weeks. On receipt of this notice, the respondent/first defendant filed a counter through the affidavit dated 30-8-1999, sworn to by its Managing Director. The applicant/plaintiff filed a reply affidavit dated 12-1-2000.
4. Mr. R. Thiagarajan, learned counsel appearing for the applicant/plaintiff would submit that the respondent received a loan of Rs. 10 lakhs on
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