JAGANATH KOTEKAR Vs. TEREX MINING AND ORS

JUDGEMENT

(1.) Complainant in this contempt petition is the plaintiff in OS No 235 of 2003, now pending on the file of Civil Judge (Sr Dn), Mangalore. The suit is filed against three defendants namely M/s Terex Mining, M/s Terex Corporation and M/s Caterpillar Inc., and the suit is one for recovery of certain amounts in US dollar against the accused-defendants. The suit is contested and still in the stage of trial before the court below.

(2.) An application had come to be filed by the complainant-plaintiff under Order XXXVIII Rule 6 CPC, seeking for an order of conditional attachment before judgment and an order had come to be passed on the application, ex parte, on 16-9-2003 and on the defendants moving the trial court for raising the attachment, but on the other hand the attachment order was made absolute as per the subsequent order dated 19-3-2004 passed by the trial court.

(3.) As against this order making attachment before judgment absolute, passed by the trial court, the defendants 1 and 2 in the suit had preferred an appeal before this court in MFA No 2339 of 2004. This appeal, though, came to be allowed and the order of attachment was set aside, this court while disposing of the appeal had taken note of an affidavit which had been filed on behalf of the appellants therein as on 2-7-2004, a copy of which is produced at Annexure-A to the memorandum of contempt petition, and paras-4 and 5 of the affidavit, reading as under: 4. I, being an attorney of the Appellant Company state that the Appellant Company has no plans of stopping its business dealing in India.