K. KUMARESH BABU
Sarat Chatterjee & Co. (Visakhapatnam) Pvt. Ltd. , Rep. by Authorised Signatory V. Palaniappan – Appellant
Versus
ACS Marine Services Pvt. Ltd. , Rep. by its Director, Tirupur – Respondent
JUDGMENT
(Prayer: Original Applications filed under Order XIV Rule 8 of Original Side Rules r/w Order 38 & Rule 5 of CPC, to grant the following prayers:
i. to pass an order directing the 1st respondent to furnish security for a sum of Rs.5,56,56,993/- (Rupees five crore fifty six lakhs, fifty six thousand and nine hundred and ninety three only) towards loss of charter hire and cost of bunkers when then injunction and status quo order wrongfully obtained by the 1st respondent was in force failing which this Court may be pleased to order attachment of the assets of the 1st respondent including the vessel MV Mahavir before judgment.
ii. to pass an order directing the 1st respondent to furnish for a sum of Rs.5,56,56,993/- (Rupees five crore fifty six lakhs, fifty six thousand and nine hundred and ninety three only) towards loss of charter hire and cost of bunkers when the injunction and status quo order wrongfully obtained by the 1st respondent was in force failing which this Court may be pleased to order attachment of the assets of the 1st respondent including the Bank Account No.400000005055 with RBL Bank.
iii.
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