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1968 Supreme(Mad) 201

VENKATARAMAN
M. A. A. Raoof – Appellant
Versus
K. G. Lakshmipathi – Respondent


Advocates:
K. N. Subramaniam, for Appellant; V. Shyamalam, for Respondent.

Judgement

JUDGMENT :- This appeal raises an interesting question of the validity of attachment of certain shares belonging to the judgment-debtor. The decree-holder Lakshmipathi obtained a decree in O. S. No. 2344 of 1960, on the file of the City Civil Court, Madras, by consent. He filed E. P. 1458 of 1966 to recover a sum of Rs. 8,000/- odd by attachment and sale of the shares which the judgment-debtor Raoof held in a company called Intrac Pharmaceutical (Pte.) Ltd., Industrial Estate, Ambattur. An interim prohibitory order was issued both to the judgment-debtor and to the company. The company did not appear and object. The judgment-debtor appeared and took time to file a counter. He did not file the counter in time and so the attachment was made absolute. Against that order he has filed the present appeal.

2. The point taken on behalf of the appellant by his learned Counsel Sri K. N. Subramaniam is that, though the judgment-debtor Raoof lives within the jurisdiction of the City Civil Court, Madras and the shares also are with him, the City Civil Court had no jurisdiction to issue the prohibitory order, because the place of business of the company is Ambattur, outside the jurisdicti













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