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2023 Supreme(MP) 843

SUBODH ABHYANKAR
Kamal Maithil – Appellant
Versus
Ajay Sharma – Respondent


Advocates:
Advocate Appeared:
For the Appellant : V. K. Jain, Vaibhav Jain
For the Respondent: Yashpal Rathore

JUDGMENT :

1. Heard finally with the consent of the parties.

2. This miscellaneous petition has been filed under Article 227 of the Constitution of India against orders dated 18-2-2022, and 14-12-2022. Vide order dated 18-2-2022, on an application filed by the defendant under section 151 of CPC for leave to defend has been allowed with a direction to the defendant to furnish a security to the tune of Rs. 2 crores, and vide order dated 14-12-2022 the review of the said order dated 18-2-2022 has been rejected.

3. In brief, the facts of the case are that the respondent/plaintiff has filed a summary suit under Order 37, Rules 1 and 2 of CPC for recovery of Rs. 1,80,20,000/- from the petitioner/defendant. In the aforesaid suit, an application under Order 38, Rules 1 and 2 of CPC was also filed by the plaintiff for attachment of the property of the defendant before judgment. Allowing the aforesaid application, vide order dated 17-1-2022, the learned Judge of the trial Court has directed the defendant to maintain the status quo in respect of its properties and should not alienate the same in any manner.

4. In the suit, as defendant had become ex-parte, subsequently, an application under Order

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