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2018 Supreme(MP) 194

J.K.MAHESHWARI
Rajsai Traders – Appellant
Versus
Vinod – Respondent


Advocates Appeared:
For the Appellant : Shri Paresh Joshi
For the Respondent: Shri Vishal Baheti

ORDER :

1. Invoking the jurisdiction under Article 227 of the Constitution of India and challenging the order dated 1.12.2017 passed by the Eighth Additional District Judge, Indore in Civil Suit No. 10B/2016 directing the defendants/petitioners to furnish the security to the tune of Rs.1,16,00,000/- for satisfaction of the Court, this petition has been preferred.

2. The facts leading to file the present case are, plaintiff/respondent filed a suit under Order XXXVII Rule 1 & 2 of the Code of Civil Procedure (hereinafter referred to as the CPC) seeking recovery to the tune of Rs.1,16,00,000/- against the defendants/petitioners. The said suit was based upon business transactions showing sale and purchase of certain goods of the worth Rs.3,13,30,471/- to which payments of Rs.2,70,19,461/- have been made in the year 2011-12. In the year 2012-13, the purchase of goods worth Rs.6,65,92,473/- were made to which payments of Rs.6,63,27,755/- were made. For the year 2013-14, the purchase of goods worth Rs.33,13,250/- were made to which payments of Rs.31,04,999/- were made. It is not in dispute that the summons under Order XXXVII Rule 2 in Form No. 4 in Appendix B was served on the defendants.

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