The court rejected an application for attachment before judgment as a belated prayer after five years, noting the matter is at the evidence stage.
Application closed; prayer for attachment before judgment not entertained.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION)
THURSDAY, THE 23RD DAY OF JANUARY 2020
THE HON'BLE DR. JUSTICE G.JAYACHANDRAN
A.No.5894 of 2015 in
C.S.No.715 of 2015
DINGO COMMODEAL PVT.LTD., Represented by its Director, Mr.Ritesh M Jain, S/o.Mr.Madanlal, No.33, Lawyer Chinnathambi Street Kondithope, Chennai 600 079 ...Applicant/Plaintiff
-Vs.-
1.AKB & SONS REALITY PVT.LTD Represented by its Director and Authorised Signatories, Mrs.Amita Bishnoi, W/o.Mr.Ajay Kumar Bishnoi, Flat No.5, New No.58 Old No.48 3rd Main Road, Kasturibai Nagar, Adyar, Chennai 600 020
2.Mrs. Amita Bishnoi, W/o. Mr.Ajay Kumar Bishnoi, Flat No.5, New No.58, Old No.48 3rd Main Road, Kasturibai Nagar, Adyar, Chennai 600 020
3.Mr.Akshay Kumar Bishnoi, S/o.Mr.Ajay Kumar Bishnoi Flat No.5, New No.58, Old No.48 3rd Main Road, Kasturibai Nagar, Adyar, Chennai 600 020 ...Defendants/Respondents
Application praying that this Hon'ble Court be pleased to direct the Respondents to furnish Security for the suit claim of Rs.2,58,96,000/- failing which an order of attachment of immovable properties through the Principal https://hcservices.ecourts.gov.in/hcservices/ District Judge, Kanchipuram all that piece and parcel of
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land to an extent of 4800 sq.ft bearing Plot NO.15,
comprised in S.No.73(part) Semmanchery Village,
Chengalpattu Taluk, Kancheepuram District, together with the Villa of a built up area of 2750 sq.ft., or thereabouts and another property all that piece and parcel of land an
extent of 94.5 cents, bearing Unit Nos.11 & 25(part) and Comprised in Old S.No.5/2(part) and 6, New S.Nos.5/24, 6/1 & 5/21(part) situated at Copper Beach Road, Sholinganallur Village, Sholinganallur Taluk, Kancheepuram District before Judgment not be passed.
This Application coming on this day before this court for hearing, the court made the following order:
attachment before judgment. After a lapse of 5 years at
present the matter is at the stage of recording evidence. Hence, this Court is of the opinion that the prayer in the application need not be entertained at this belated stage. Hence, this application is closed.
//Certified to be true copy// Dated at Madras this the day of 2020.
JJ 31/01/2020 COURT OFFICER(O.S.)
From 25th day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.
1 issue framed by the court
Whether the prayer for attachment of property before judgment should be entertained after a lapse of 5 years when evidence is already being recorded?
DINGO COMMODEAL PVT.LTD.
AKB & SONS REALITY PVT.LTD
Mrs. Amita Bishnoi
Mr.Akshay Kumar Bishnoi
G. Jayachandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
