S G MANICKASIVAM Vs. K GANESAN

JUDGEMENT

(1.) The Plaintiff in O.S. No. 153 of 2010 on the file of the Sub Court, Erode is the revision Petitioner.

(2.) The above suit was filed by the Plaintiff for recovery of a sum of Rs. 5,50,000/= on the basis of two cheques issued by the Defendant. The Plaintiff also filed I.A. No. 710 of 2010 under Order 38 Rule 5 and 6 for attachment before judgment of the three items of the properties mentioned in the petition and that application was dismissed and as a consequence, this revision is filed.

(3.) It is submitted by the learned Counsel appearing for the revision Petitioner that necessary allegations were made in the affidavit for ordering attachment and without appreciating the allegations made in the affidavit, the court below rejected the application on the ground that items 2 and 3 of the properties do not belong to the Defendant/Respondent herein and in respect of item 1 of the properties, already action has been initiated under Section 13(2) of the Sarfaesi Act and the bank has initiated proceedings under Section 13(4) of the Act and took possession of the property and therefore, the application is not maintainable. The court below also held that vague allegations were made and no specific instances were stated to substantiate the allegations.