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2023 Supreme(MP) 171

SUBODH ABHYANKAR
Premnarayan – Appellant
Versus
Golden Heritage Developers Indore – Respondent


Advocates:
Vinay Saraf with Chetan Agrawal for petitioners; V.K. Jain with Vaibhav Jain for respondent No. 1. Gaurav Kumar Verma for respondent No. 2.

ORDER

1. This Miscellaneous Petition has been filed under Article 227 of the Constitution of India by the petitioners/defendants No.2&3 against the order dated 15.6.2022, passed by the Additional District Judge, Indore in Regular Civil Suit (B) No.191/2019, whereby, on an application filed under Order 38 rule 5 of the C.P.C. the learned Judge of the trial has directed the petitioners to furnish solvent security to the tune of Rs.4,13,40,000/-.

2. In brief, the facts of the case are that the respondents. No. 1 & 2/plaintiffs have filed a suit for recovery of the aforesaid amount on the ground that out of the aforesaid amount, a sum of Rs.2,60,00,000/- was given in cash to the plaintiffs and the remaining amount is towards the interest. In this suit, although the issues have already been framed, but as the plaintiffs had filed an application under Order 38 rule 5 of the CPC along with the plaint seeking a direction to the respondents for attachment of the property in question, which was promised to be sold by the defendants to the plaintiffs, the learned Judge of the trial Court, vide its order dated 5.5.2022 directed the plaintiffs to furnish the requisite information as per format pr

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