Court can attach only so much property of Defendants as would be sufficient to satisfy Decree that might be passed and no more

Citation 

2022 (1) MWN (Civil) 402 (Mad)

2022(1) CTC 721

IN THE HIGH COURT OF MADRAS

N. Seshasayee, J.N. Seshasayee, 1.

A No.2217 of 2021 & OA No. 304 of 2015 in CS. No.224 of 2015, A No.2217 of 2021 & OA No.304 of 2015 in C.S. No.224 of 2015

February 04, 2022

Viprah Technologies Ltd., rep. by its Managing Director, C.K. Anantha Subramanian, S.F. No.79, Aalambapalayam Road, Thekkalur, Avinashi Taluk, Coimbatore District-641 654. 2. C.K. Anantha Subramanian, Managing Director Viprah Technologies Ltd., No.9, III Floor, "Vintage Castle", First Cross Street, Thirumangalam Street, Near Buhari Hotel, Kasturibal Nagar, Adyar, Chennai-600 020. 3. Sujatha Ananth, W/o. C.K. Anantha Subramanian, Director, Viprah Technologies Ltd., No.9, III Floor, "Vintage Castle", First Cross Street, Thirumangalam Street, Near Buhari Hotel, Kasturibai Nagar, Adyar, Chennai-600 020

Applicant

T. Ganesan. 2. Hi Power Solutions Pvt. Ltd., rep. by Managing Director T. Ganesan, No.9, Vembull Amman Second Street, Gowrivakkam, Chennai-600 073. 3. Sri Rajeswari Enterprises, rep. by its Managing Partner, T. Ganesan, No.9, Vembuli Amman Second Street Gowrivakkam, Chennal- 600 073

Viprah Technologies Ltd., rep. by its Managing Director, C.K. Anantha Subramanian, S.F. No.79, Aalambapalayam Road, Thekkalur, Avinashi Taluk, Coimbatore District-641 654. 2. C.K. Anantha Subramanian, Managing Director Viprah Technologies Ltd., No.9, III Floor, "Vintage Castle", First Cross Street, Thirumangalam Street, Near Buhari Hotel, Kasturibal Nagar, Adyar, Chennai-600 020. 3. Sujatha Ananth, W/o. C.K. Anantha Subramanian, Director, Viprah Technologies Ltd., No.9, III Floor, "Vintage Castle", First Cross Street, Thirumangalam Street, Near Buhari Hotel, Kasturibal Nagar, Adyar, Chennai-600 020

Respondent

...Applicant

T. Ganesan. 2. Hi Power Solutions Pvt. Ltd., rep. by Managing Director T. Ganesan, No.9, Vembuli Amman Second Street, Gowrivakkam, Chennai-600 073. 3. Sri Rajeswari Enterprises, rep. by its Managing Partner, T. Ganesan, No.9, Vembuli Amman Second Street Gowrivakkam, Chennai-600 073

Head notes

CODE OF CIVIL PROCEDURE, 1908 (5 of 1908), Section 94 & Order 38, Rules 5 & 6 Attachment before Judgment - Scope and ambit - Court can attach only so much property of Defendants as would be sufficient to satisfy Decree that might be passed and no more - Code mandates that Plaintiffs provide Valuation Statement of property to be attached toenable Court to identify extent of property. [Para 3.2]