GOPAUL ENVELOPES Vs. SANTI CORPORATION

JUDGEMENT

(1.) By consent of both parties, the matter is taken up for final disposal at the stage of admission itself.

(2.) The Civil Revision Petition is directed against the order, dated 13.10.2009, made in I.A. No. 16437 of 2009 in O.S. No. 8255 of 2009 on the file of the Hon'ble VIII Assistant City Civil Court, Chennai.

(3.) The petitioner is the defendant and the respondent is the plaintiff in the suit. The respondent/plaintiff Company is a registered partnership firm, dealers of papers, board and stationery. The petitioner/defendant being in similar business, placed the order for supply of Creamwove papers with the respondent. After delivering the goods to the petitioner herein, the respondent has raised the invoice for a sum of Rs. 1,42,153/-. Later, the petitioner also paid sale price by way of two cheques towards supply of the goods, but the cheques were returned unpaid by the petitioner's bank i.e. Punjab National Bank, Chennai forthe reason, "Exceeds Arrangement." Therefore, the respondent filed a suit for recovery of money and also filed I.A. No. 16437 of 2009 stating that the petitioner is try ing to alienate the property with an intention to delay and defeat the respondent's interest. Hence, the plaintiff requested the Court to direct the defendant to furnish security to the suit claim of Rs. 1,42,153/- with interest of Rs. 16,232/- in all aggregating to Rs. 1,58,385/- and also attach before judgment against the property as described in the schedule. The petitioner/defendant filed a counter stating that the application is not maintainable. Also further stated that he is not attempting to alienate the schedule property much less to defeat the creditors. After considering the facts and circumstances of the case, the Trial Court has attached the schedule mentioned property by an order dated 13.10.2009, which reads as follows: Petitioner's counsel represented property not belongs to the respondent. Conditional order dated 6.10.2009 not complied by respondent and security not furnished. (Respondent undertaking noted). Attach by 23.10.2009. Counterfiled. Enquiry by then. Aggrieved by that order, the petitioner has filed the present revision petition.