Back
R. HEMALATHA
Chandra Textiles, represented by its Proprietor S. Kumar, Salem – Appellant
Versus
M. Palanivel – Respondent
JUDGMENT
(Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India against the fair and decreetal order passed in I.A.No.1 of 2019 in C.O.S.No.29 of 2019 in C.O.S.No.29 of 2019 by the learned District Judge cum Commercial Court, Salem, dated 20.12.2019.)
1. The defendants in C.O.S.No.29 of 2019 on the file of District Judge cum Commercial Court at Salem had filed the present Civil Revision Petition seeking to set aside the orders dated 20.12.2019 passed in I.A.No.1 of 2019 in COS.No.29 of 2019 by the learned District Judge cum Commercial Court, Salem.
2. The respondent herein /plaintiff filed a suit in O.S.No.29 of 2019 for recovery of a sum of Rs.8,47,700/- together with interest at the rate of 12% per annum from the date of plaint till the date of realisation.
3. According to the respondent/plaintiff, the defendants borrowed a sum of Rs.7 lakhs from him on 16.6.2017 and in order to discharge the same, the defendants issued various cheques. It is further contended that when the plaintiff presented all the cheques for collection before the State Bank of India, Attayampatti Branch, Salem, the same were returned by the bank with an endorsement “NON CTS CHQUE”.
Failure to comply with the order to furnish security under Order XXXVIII of the Civil Procedure Code may justify the attachment of properties.
The specificity of the security amount and the pending nature of the suit are crucial factors in determining the validity of prescriptive attachment for non-furnishing of security in a recovery of mo....
The maintainability of a Civil Revision Petition against the dismissal of an application under Order 38 Rule 5 of CPC and the importance of providing proof of ownership in attachment before judgment ....
The essential requirements for attachment before passing of judgment under Order 38 Rule 5 CPC must be proved to the satisfaction of the court.
The Court's decision emphasized the principle that in an application for attachment before judgment, the Court needs to form a prima facie opinion to secure the plaintiff's interest, and the defendan....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
