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2024 Supreme(Online)(SC) 1957
ITEM NO.15 COURT NO.2 SECTION XII
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition for Special Leave to Appeal (C) No. 9186/2024
(Arising out of impugned final judgment and order dated 08-02-2024
in WP No. 36312/2023 passed by the High Court Of Judicature At
Madras)
M/S. PRATEESH ENGINEERING ENTERPRISES Petitioner(s)
VERSUS
STRESSED ASSETS STABILIZATION FUND & ANR. Respondent(s)
(FOR ADMISSION and IA No.95501/2024-EXEMPTION FROM FILING O.T. )
Date : 29-04-2024 This petition was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE SANJIV KHANNA
HON'BLE MR. JUSTICE DIPANKAR DATTA
For Petitioner(s) Mr. Ravi Raghunath , AOR
Mr. Utkarsh Kumar, Adv.
For Respondent(s)
UPON hearing the counsel the Court made the following
We do not find any good ground and reason to interfere with the impugned judgment/order and hence, the special leave petition is dismissed.
We must record that attachment before judgment or in the execution proceedings, does not result in creation of a charge or a secured interest in the property, in favour of the party securing the order.1 According to Mulla in the Code of Civil Procedure2:
1 See Ananta Mills Ltd. (In Liquidation) v. City Deputy Collector, Ahmedabad and Others, 1971 SCC OnLine Guj 57: (1972) 13 GLR 633; Spice Jet Ltd. and Others v. Malan Pur Steel Ltd. and Another, 2013 (134) DRJ 467 (DB).
13th Edition, pg.318. Digitally signed by SNEHA DAS Date: 2024.05.04 13:00:55 IST Reason:
- Signature Not Verified “Attachment creates no charge or lien upon the attached property. It only confers a right on the decree-holder to have the attached property kept in custodia legis for being dealt with by the court in accordance with law. It merely prevents and avoids private alienations; it does not confer any title on the attaching-creditors.”
- Thus, an attaching-creditor is not a secured-creditor, and would not constitute a separate class.
- Pending application(s), if any, shall stand disposed of.
- (SNEHA DAS) (R.S. NARAYANAN) SENIOR PERSONAL ASSISTANT ASSISTANT REGISTRAR
