The High Court at Bombay dismissed a Notice of Motion filed by the plaintiffs seeking attachment before judgment. The court held that the plaintiff failed to plead averments necessary to maintain the application under Order 38 Rule 5 of the Code of Civil Procedure.
Notice of Motion dismissed for failure to plead necessary averments under Order 38 Rule 5 CPC.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
NOTICE OF MOTION NO. 3701 OF 2006
IN
NOTICE OF MOTION NO. 1899 OF 2006
IN
SUMMARY SUIT NO.1451 OF 2006
Raju Sanghrajka....Plaintiffs.
vs.
Harshad Sangrajka....Defendants.
Mr. Bomi Patel i/by.Shadab C Peerzade
for the plaintiffs.
Mr. Chirag Balsara i/by.M.V. Kini and Co.
for the defendants.
CORAM: S.J. VAZIFDAR, J.
NOVEMBER 13, 2006.
P.C. :
1.Forthereasonsstatedin
affidavit-in-support, the Notice of Motion is made
absolute in terms of prayer clause (a).
sd/-
(S.J.VAZIFDAR, J)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
NOTICE OF MOTION NO. 1899 OF 2006
IN
SUMMARY SUIT NO.1451 OF 2006
Raju Sanghrajka....Plaintiffs.
vs.
Harshad Sanghrajka....Defendants.
Mr. Bomi Patel i/by.Shadab C Peerzade
for the plaintiffs.
Mr. Chirag Balsara i/by.M.V. Kini and Co.
for the defendants.
CORAM: S.J. VAZIFDAR, J.
NOVEMBER 13, 2006.
P.C. :
1.Mentioned. Not on board. By consent, the
Notice of Motion is placed on board and heard
finally.
2.The Notice of Motion is for attachment before
judgment. The plaintiff has not pleaded any of
the averments necessary to maintain the application
under Order 38 Rule 5 of the CPC. Hence Notice of
Motion is dismissed.
sd/-
(S.J.VAZIFDAR, J)
1 issue framed by the court
Whether averments are sufficient to maintain an application for attachment before judgment under Order 38 Rule 5 CPC.
1 provisions across 1 enactments
Raju Sanghrajka
Harshad Sanghrajka
S.J. VAZIFDAR
As recorded by the court registry
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