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1978 Supreme(Mad) 84

SATHAR SAYEED, RAMAPRASADA RAO
Southern Steelmet and Alloys – Appellant
Versus
B. M. Steel, Madras – Respondent


Advocates:
K. Parasaran for B. Soundarapandian, for Appellant; M. R. Narayanaswami, for Respondent.

Judgement

RAMAPRASADA RAO, J. :- Two applications, Appln. No. 3578 of 1977 by B. M. Steel Pvt. Ltd., and Appn. No. 3595 of 1977 by Maharashtra Bank for similar reliefs were filed on the Original Side of this court under Or. 21 rule 58 C. P. Code, stating that both the applicants as above were the owners of the steel and M. S. rounds or were interested in them and which were at No. 32 Suryanarayana Chetti St. Madras 13, and which according to the company, were their goods and which according to the Bank were goods in and over which they had an enforceable legal right. The appellant as plaintiff instituted a suit CS No. 354 of 1977 on the file of the Original Side of this court against a partnership firm known as B. M. Steel impleading the partners therein as defendants 2 to 6. Contemporaneous with the filing of the suit, an application for attachment before judgment was filed by the plaintiff-appellant. Notice in that application was served on the partnership firm B. M. Steel. When ultimately the application for attachment before judgment came up for final disposal B. M. Steel was prepared to give an undertaking not to alienate the goods belonging to it. In consonance with the undert














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