GREATER COCHIN DEVELOPMENT AUTHORITY Vs. HARRISONS MALAYALAM LTD

JUDGEMENT

(1.) These revisions raise important questions with regard to the satisfaction to be arrived at while passing order of attachment before judgment; as to the manner in which the order has to be served; as to the impact of failure to strictly comply with the terms of the relevant provisions and forms and also a novel question whether steps under O.21, R.46 - A & 46 - B can be taken by the Trial Court before a decree is passed in the case.

(2.) C.R.P. Nos. 1565 and 1566/99 arise from the order passed in IA. Nos. 1708/99 and 6424/98 of the Sub Court, Ernakulam, both these revisions are at the instance of the defendant in O.S. No. 713/98 of the Sub Court, Ernakulam, namely, M/s Hindustan Steel Works Construction Ltd. C.R.P. No. 1472/99 is filed by the G.C.D.A., Cochin, who is the garnishee. The 1st respondent in all the three revisions is M/s Harrisons Malayalam Ltd., who is the plaintiff in the aforesaid suit whose prayer in the suit is to recover a sum of Rs.6,19,07,317/-, being the amount payable under an alleged contract entered into with the defendant Hindustan Steelworks Construction Ltd. (These parties will hereinafter be referred to as plaintiff and defendant respectively and G.C.D.A. will be referred to as the garnishee).

(3.) After hearing the plaintiff, the Trial Court passed the following order on 23-12-1998 in LA. No. 6424/98 wherein the prayer was for attachment before judgment for a sum of Rs. 7,00,00,000/- allegedly due from the garnishee to the defendant.