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2009 Supreme(Mad) 3979

M.CHOCKALINGAM, R.SUBBIAH
M. K. Hariprasad Sole Proprietor Yehem Agency, Chennai & Another – Appellant
Versus
Uma Kesha – Respondent


Advocates Appeared:
For the Appellants:Prakash Goklaney, Advocate. For the Respondent: ---

Judgment :-

M. Chockalingam, J.

These two intra-court appeals challenge a common order of the learned Single Judge of this Court made in two applications in Application Nos.5061 and 5657 of 2008 whereby the appellants herein asked for a direction to the respondents therein to furnish security for the suit claim and in default attachment before judgment under Order 38 Rule 5 of Civil Procedure Code.

2. The Court heard the learned Counsel for the appellants.

3. No case is made out, in the considered opinion of the Court, for granting the relief, and the order by the learned Single Judge does not require disturbance in the hands of this Court. This Court is of the considered view that it is not a fit case where the appeals could be admitted for the following reasons.

4. The case of the appellants is as follows:

The suits were filed seeking recovery of money against the partnership firm and also the partners namely the defendants 2 to 4. Even as per the averments, the transaction commenced in the year 2002 and ended in 2007, and the suits were filed in the year 2008. Further the suit claims were made since defaults were committed in payment of certain amounts towards supply of goods. Th










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