Defendant made serious attempts to allenate property - Plaintiff had made out prima facie case for attachment of property- Order directing Defendant to furnish security within stipulated period is upheld.

Citation 

2011 (2) MWN (Civil) 504 (Mad)

IN THE HIGH COURT OF MADRAS

R. Banumathi & V. Periya Karupplah, 31.

0.5.A. No.74 of 2011.

March 25, 2011

Perim Janardhana Rao, Aged About 54 Years, Son of Perim Raja, No.A-501, Raheja Regency, Santhome High Road, R.A. Puram, Chennai-600 028; Jay Ar Enterprises, Rep. by Its Partner, Perim Janardhana Rao, No.7, N.S. Krishnan Street, Eswaran Nagar, Pammal, Chennai-600 075; Perim Janardhana Rao, Aged About 54 Years, Son of Perim Raja, Partner, Jay Ar Enterpirses, No.A-501, Raheja Regency, Santhome High Road, R.A. Puram, Chennai-600 028; K. Rajendra Reddy, Aged About 48 Years, Son of K. Venkatamuni Reddy Raja, Partner, Jay Ar Enterprises, Old No.1, New No.17-A, 6th Main Road, R.A. Puram, Chennai-600 028

Vs.

M. Balaji, Aged About 48 Years, Son of M. Pushpaiah Naidu, A4-212, Gokulam Complex, Doddakalasandra, Kanakapura Main Road, Bangalore 560 062

CASES REFERRED

...Appellant

...Respondent

CODE OF CIVIL PROCEDURE, 1908 (5 of 1908), Order 38, Rule 5- Attachment before Judgment Where Defendant may be called upon to furnish security for production of property- Essential ingredients-Plaintiff, being an unpaid Vendor, filed Suit for recovery of money- Defendant made serious attempts to allenate property-When Defendants, with an intention to obstruct or delay execution of any decree, an order for furnishing security can be passed under Order 38, Rule 5- Plaintiff had made out prima facie case for attachment of property- Order of learned Single Judge directing Defendant to furnish security within stipulated period is upheld. [Para 11 & 12]