An application for attachment of property was allowed against respondents who failed to furnish security despite a prior court order dated 13.09.2021 due to non-compliance regarding outstanding commercial dues.
An order of attachment of the property described in the Judge's summons against the respondents.
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A.No.2704 of 2021
Application No.2704 of 2021 in C.S.No.241 of 2021
V.PARTHIBAN, J.
This application has been filed by the applicant/plaintiff to direct the respondents/defendants to furnish security for a sum of Rs.1,06,52,423/- failing which an order of attachment before judgment of movable property belonging to the respondents/defendants morefully described in the schedule to the Judge's summons.
2.Heard the learned counsel for the applicant and the learned counsel for the respondents.
3.The case of the applicant is that the respondents herein
have approached the applicant/plaintiff in the year 2015-17 for the supply of Kraft Papers and the plaintiff had supplied the goods on various dates under various invoices and the receipt of which have been duly acknowledged by the respondents/defendants. The
respondents/defendants has acknowledged to every invoice raised by the manufacturer of the petitioner/plaintiff. It is further stated that, the respondents/defendants after giving credit to all other payments, still a sum of Rs.9,46,000/- towards M/s.Brightway packaging Industries-H and a sum of Rs.42,55,854/- towards M/s.Riteway packaging (P) Ltd., is still due and outstanding.
A.No.2704 of 2021
4.While so, after several reminders, the
respondents/defendants have sent Cheques (4 Nos.) which were returned with an endorsement 'Funds Insufficient' and 'Exceeds arrangement'. The petitioner/plaintiff has also filed criminal cases against the respondents/defendants. Therefore, in view of the above, the applicant has come up with this Application for furnishing of security to the extent of Rs.1,06,52,423/- (Rupees One Crore Six Lakhs Fifty Two Thousand Four Hundred Twenty Three only) failing which attachment before judgment of movables of the respondents/defendants lying at the companies of the respondents/defendants shall be ordered.
5.On an earlier occasion, this Court has ordered furnishing of security by the respondents within a period of four weeks vide order dated 13.09.2021. When the matter is taken up for hearing today, learned counsel for the applicant would submit that the respondents have not complied with the direction passed by this Court. Therefore, he insisted for order of attachment. The learned counsel for the respondents without responding to this Application has been repeatedly asking time under one pretext or the other.
6.Considering the above facts and circumstances of the case,
A.No.2704 of 2021
there shall be an order of attachment of the property described in the Judge's summons. Accordingly, the application stands allowed.
27.10.2021
mrm
Note: Registry is directed to communicate the order of attachment to the respondents.
A.No.2704 of 2021
V.PARTHIBAN.J.,
mrm
Application No.2704 of 2021
27.10.2021
V. Parthiban
Respondents/Defendants
V. Parthiban
As recorded by the court registry
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