M/s Beach Minerals Company Andhra Pvt. Limited, Vs Goll Satya Sailendra

THE HON'BLE SRI JUSTICE U. DURGA PRASAD RAO AND THE HON’BLE Ms.JUSTICE J. UMADEVI

C.M.A.No.230 of 2020

JUDGMENT : (per UDPR,J)

This C.M.A is filed by the appellant/defendant, aggrieved by the order, dated 02.12.2019 in I.A.No.1083 of 2019 in O.S.No.68 of 2019 passed by the learned VI-Additional District Judge, Kakinada, where under the learned Judge directed the appellant/defendant to furnish security of Rs.2 crores within 48 hours and in the meanwhile issued an ad-interim conditional attachment of the petition schedule property in a petition filed by the respondent/plaintiff under Order XXXVIII Rule 5 of CPC.

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2. When the matter came up for hearing today, both the learned counsel admitted that the I.A.No.1083 of 2019 is coming up for enquiry before the Trial Court and they will argue the matter. Learned counsel for appellant/defendant submitted that he may be permitted to file an additional counter for better appreciation of the facts in O.S.No.68 of 2019. Both the learned counsel requested to direct the Trial Court to complete the enquiry and pass the order on merits expeditiously.

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3. In view of the above submission, this C.M.A is disposed of giving liberty to the appellant/defendant to approach the concerned Trial Court and file his additional counter in I.A.No.1083 of 2019, where upon the Trial Court shall conduct enquiry and pass an

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UDPR, J & JUD, J CMA.No230 of 2020

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appropriate order on merits in the said I.A expeditiously but not later than three (3) weeks from the date of filing of the additional counter by the appellant/defendant. No costs.

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As a sequel, Interlocutory Applications, if any pending, shall

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stand closed.

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__________________________ U. DURGA PRASAD RAO, J

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______________ J. UMADEVI, J

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Dt: 03.02.2021.

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Note: Issue CC by 05.02.2021 B/o.MS

M/s Beach Minerals Company Andhra Pvt. Limited, v. Goll Satya Sailendra

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M/s Beach Minerals Company Andhra Pvt. Limited, v. Goll Satya Sailendra

Case brief

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What the court decided

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