L V BHUJANGA RAO Vs. CH VENKATESWARA RAO

JUDGEMENT

(1.) The applicant/plaintiff has filed the Applications Nos. 660 to 662 of 1991 under Order XIV, Rule 8 of the Original Side Rules read with Order 39, Rules 1 and 2 of Civil Procedure Code for the relief of an interim injunction restraining the Garnishee Bank viz., the second respondent from allowing the first respondent to withdraw the amounts or deposit the amounts in S. B. Account No. 19466 at the second respondent bank in the name of the first respondent, pending disposal of the suit; for attaching the property of the first respondent, before judgement, more fully described in the Judge's summons in O.A. Nos. 661 of 1991 and restraining the first respondent from withdrawing any amounts now in the S.B. Account of the first respondent, bearing No. 19447 (HUF) in the hands of the Garnishee, the second respondent herein by means of temporary in junction, pending disposal of the suit.

(2.) The short facts which are necessary for the appreciation of the case in hand as culled out from the identical affidavit filed in support of all the affidavits are extracted as follows :- The applicant is the plaintiff and he has filed the suit for the recovery of a sum of Rs. 1,77,033.35 with interest at 24% per annum on Rs. 80,000/- from the date of plaint till the date of realization. The defendants 2 and 3 in the suit being the partners of M/s. Sai Prabha Productions obtained a loan of Rs. 80,000/- from the plaintiff; applicant on the guarantee given by the 4th defendant who is the first respondent in the above applications and the said amount has been handed over through the first respondent who also stood as the guarantor for the above payment. As the said amounts were paid through cheques to the first respondent herein who in turn obtained promissory notes from the defendants 1 to 3 undertaking to pay the amounts to the applicant/plaintiff as and when demanded by him, followed by the defendants failure to pay the principal or interest except a sum of Rs. 4,800/- and that in spite of the repeated demands and final notice dated 5-6-1991 sent to the 4th defendant, viz., the first respondent, he has come forward with an undertaking that he would make the entire payment of principal and interest on or before 30-7-1989 and that as the said amount was not paid by the defendants, after issuing notice on 16/01/1991 the present suit has been filed for the recovery of the amount, reflected in the suit. Thus basing on the guarantee given by the first respondent, the suit amount was advanced to the defendants, but all the defendants failed to discharge the same.

(3.) It was contended by the applicant/plaintiff that all the defendants including the first respondent were trying to move out of the jurisdiction of this Court with a view to evade the suit liability and since they are involved in the film production line and once the production is over, it will be highly impossible to secure any amount from them and that as such, the first respondent who utilised the entire funds, undertook to pay the suit claim on or before 30-7-1989 and that since no payment was made by the first respondent who is doing business in finance, may move out of the jurisdiction of this Court, in order to evade the liability of the suit, the above applications were initiated by the applicants for the reliefs asked for in the same. In formulating the said averments, the applicant had admitted that he has received a sum of Rs. 4,800/- from the defendants and that except the said payment, no other amount was paid by any of the respondents or the defendants in this case. Therefore, the reliefs made in all the three applications were being asked for by the applicants.