Allowed

Mr.Nirmal Kumar Maheswari v. Mr.Rajkumar Santoshi

Madras HC6 Aug 2021A/1584/2020

Case brief

AI extract

What is this about?

In a suit enforcement matter, the petitioner sought interim attachment of the suit schedule property. The respondent failed to file a counter or furnish security despite multiple adjournments and prior directions. The court held that to prevent alienation, attachment before judgment was necessary and ordered the property attached pending disposal of the suit.

What did the court decide?

Application for attachment before judgment allowed; suit schedule property attached pending disposal of the suit.

Mr.Nirmal Kumar Maheswari Vs Mr.Rajkumar Santoshi — Execution and Attachment | Madras HC (2021)

¶1

A.No.1584 of 2020 and O.A.No.283 of 2020 in C.S.(Comm. Div.).No.178 of 2019

¶2

A.No.1584 of 2020 and O.A.No.283 of 2020 in C.S.(Comm. Div.).No.178 of 2019

¶3

DR.G.JAYACHANDRAN, J.

¶4

The matter is pending since 11.09.2020, the day on which the respondent

¶5

counsel appeared and sought time to file counter. In spite of several adjournments, the respondent has not filed his counter.

¶6

2. This application is filed for interim order restraining the respondent

¶7

from encumbering the suit schedule property pending disposal of the application to furnish security.

¶8

3. The application in A.No.1584 of 2020 filed to furnish security was

¶9

considered by this Court and the respondent was directed to furnish security on or before 04.03.2021. Even after the lapse of the time given, the respondent did not furnish security. Therefore, on 18.03.2021, this Court to ensure the protection of the plaintiff's interest has passed an interim injunction on

¶10

18.03.2021 for a limited period.

¶11

https://www.mhc.tn.gov.in/judis/

¶12

1/3

¶13

A.No.1584 of 2020 and O.A.No.283 of 2020 in C.S.(Comm. Div.).No.178 of 2019

¶14

4. Again the matter was adjourned on several occasions for the

¶15

respondent to file counter, but till date the respondent has not filed any counter in the injunction application.

¶16

5. From the above narrated facts, it is clear that for nearly one year after

¶17

receipt of notice, the respondent has neither furnished security nor filed

¶18

counter. Hence this Court is of the view that to avoid alienation of the property

¶19

attachment before Judgment as sought is necessary.

¶20

6. Accordingly, the application in A.No.1584 of 2020 is allowed. The

¶21

suit schedule property is attached pending disposal of the suit.

¶22

7. Call the matter on 02.09.2021.

¶23

06.08.2021

¶24

rpl

¶25

https://www.mhc.tn.gov.in/judis/

¶26

2/3

¶27

A.No.1584 of 2020 and O.A.No.283 of 2020 in C.S.(Comm. Div.).No.178 of 2019

¶28

DR.G.JAYACHANDRAN, J.

¶29

rpl

¶30

A.No.1584 of 2020
and O.A.No.283 of 2020
in C.S.(Comm. Div.).No.178 of 2019

¶31

06.08.2021

¶32

https://www.mhc.tn.gov.in/judis/

¶33

3/3

Mr.Nirmal Kumar Maheswari v. Mr.Rajkumar Santoshi

Case brief

What is this about?

What did the court decide?

Mr.Nirmal Kumar Maheswari v. Mr.Rajkumar Santoshi

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

T.G.Arumugam Vs T.G.Harigopal

Novateur Electrical and Digital Systems Private Limited Vs Mrs.Jeyanthi Devi and another

Hatsun Agro Product Ltd. Vs British Life Sciences Private Limited and another

M/s.Millenium Steel India Pvt. Vs M/s.Ind Barath Tehermal Power

M/s.Trimex Industries Pvt.Ltd. Vs M/s.Ind Barath Thermal Power

Vkr Venkatesan Vs S Athiappan