Application by a lender to raise an earlier order of attachment pursuant to a settlement with the borrower. The Single Judge held notice was unnecessary as the order benefits the respondent.
Application allowed; order of attachment dated 05.08.2020 raised; directed to be transmitted to the SRO, Bhachau, Kutch.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Arb.Appln.No.106 of 2022
Arb.Appln.No.106 of 2022 and A.No.10218 of 2018
SENTHILKUMAR RAMAMOORTHY, J.
This application is presented by the lender / financial institution seeking to raise the order of attachment dated 05.08.2020 in A.No.10218 of 2018. The applicant states that A.No.10218 of 2018 was filed for a direction to the respondent to furnish security for the amount due and payable to the applicant and, in default, to attach the respondent's property. In the said application, by order dated 05.08.2020, the immovable property described in the schedule to the Judge's summons was attached. Subsequently, pursuant to negotiations, a settlement was reached between the lender and borrower. The present application is filed to raise the order of attachment in the said facts and circumstances.
the benefit of the respondent / borrower / owner of the property, notice to the respondent is not necessary. This application is liable to be allowed because the lender, at whose instance the order was issued, prays for raising the attachment.
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Arb.Appln.No.106 of 2022
SENTHILKUMAR RAMAMOORTHY, J.
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the order of attachment dated 05.08.2020 in A.No.10218 of 2018 is raised. The order is directed to be transmitted through the District and Sessions Court, Anjar, Kutch, Gujarat for communication to the SRO, Bhachau, Kutch.
06.09.2022
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Arb.Appln.No.106 of 2022 and A.No.10218 of 2018
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1 issue framed by the court
Whether notice to the respondent is necessary when the lender (who obtained the attachment) seeks to raise the order of attachment in pursuance of a settlement.
Lender
Borrower
SENTHILKUMAR RAMAMOORTHY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
