FAROOK TEXTILES Vs. BAJRAN SINTHETICS PVT LTD

JUDGEMENT

(1.) THE defendant in O.S. No. 4605 of 1997 on the file of the 6th Assistant Judge, City Civil Court, Madras has filed this revision against the order dated 14.10.1997 in I.A.No.11865 of 1997 wherein an order of attachment was made. THE main grievance of the petitioner is that the respondent has not made out any case for an order under Or.38, R.5 of Civil Procedure Code. THEre is absolutely no averment as required under Or.38 R.5 CPC. THE argument of the learned counsel for the petitioner is that the lower court has passed an order of attachment without assigning any reason.

(2.) THE learned counsel for the respondent contended that in view of the attitude taken by the petitioner and inview of certain admissions the court below has passed an order of attachment and the interest of the respondent has to be taken care of in case he succeeds in the suit. In order to consider the rival contentions of the counsel first of all I shall refer to the averments made in the affidavit filed in support of the application in I.A.No.l 1865 of 1997. It is stated that the defendants are now heavily involved in debts and not in a position to meet their commitments and that is why they are now to trying defraud the plaintiff. THE plaintiff further understand and believe the same to be true that with the intention to defeat and delay the execution of the decree that may be passed in the suit, the defendants are trying to secrete all the assets namely all the stocks in the business place and if they do so the plaintiff will be put to irreparable loss and damage and the plaintiff will not be able to recover any money as the defendants does not possess any immovable property. Only on the basis of the above averment the attachment before judgment is sought for.