Court noted failure to furnish security as directed. Due to ineffective service on absent respondent, court granted order of attachment. Application closed.
Attachment order granted against respondent; order to be transmitted via District Court, Satna, Madhya Pradesh.
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1
Application No.8062 of 2017
PUSHPA SATHYANARAYANA, J.
This Court, upon hearing the learned counsel for the applicant,
vide order dated 12.06.2019, directed the respondent to furnish security to the extent of the claim made in the application being an amount of Rs.4,80,834/-, on or before 12.07.2019, failing which, an order of attachment order would be passed.
counsel for the applicant would submit that no security has been furnished as directed by this Court. He would further submit that an award in arbitration between the applicant and the respondent has been passed on 09.10.2017.
security ordered by this Court returned with an endorsement "The Addressee is not available at the give address went many times hence returned" and affidavit of service is also filed to that effect. Hence,
2
PUSHPA SATHYANARAYANA, J.
vv/rsi
Paper Publication was also effected on the respondent. Though the name of the respondent is printed in the cause list after service by paper publication, there is no representation for him either in person or through counsel. Hence, service to the respondent is held sufficient. In the above circumstances, there shall be an order of attachment as prayed for. The order of attachment shall be transmitted through the District Court, Satna, Madhya Pradesh and the attachment order may be hand delivered to the applicant for transmission.
1 issue framed by the court
Whether security to be furnished by respondent as directed by court earlier.
PUSHPA SATHYANARAYANA
respondent
PUSHA SATHYANARAYANA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
