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1992 Supreme(Mad) 235

ARUMUGHAM
Uco Bank, Madras – Appellant
Versus
Sukra Shoe Fabric and Others – Respondent


Appearing Advocates:Thiru V. Sridevan, R.. Balachandar, Thiru B. T. Seshadri, Advocates.

Judgment :-

The Order of the Court was as follows :

This is an application filed by the applicant / plaintiff under O.14, R. 8 of the Original Side Rules read with O. 38, R. 5 of the Code of Civil Procedure, seeking the relief of attachment before judgment of the immovable properties more fully described in the judge's summons till the disposal of the suit.

2. The facts in brief as culled out form the affidavit filed in support of the application are as follows :

On granting the various agreed facilities to the first respondent herein in running a shoe fabric company, the first respondent was highly irregular and the terms and conditions of the credit facilities extended to him, were not adhered and because of the huge outstanding, the present suit was filed for the recovery of a sum of Rs. 66, 06, 376. 85 and that since the plant 'A' schedule immovable properties have been charged in favour of the applicant by way of creating an equitable mortgage and that the plaint 'B' schedule movables have been hypothecated, the applicant is entitled to proceed with the same in accordance with the same after getting the decree in the suit and collected the same with interest at the contractual ra



















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