LAWS(BOM)-2002-4-86

MURTUZAKHAN MAHABOBKHAN Vs. BALLARPUR INDUSTRIES LIMITED

Decided On April 03, 2002
MURTUZAKHAN MAHABOBKHAN,SINCE DECEASED,THROUGH HIS LEGAL REPRESENTATIVES Appellant
V/S
BALLARPUR INDUSTRIES LIMITED Respondents

JUDGEMENT

(1.) HEARD Shri Anjan De, learned Counsel for the applicant, and Shri Naik, learned Counsel for the non-applicant.

(2.) IN the present revision, order dated 25-10-1994 passed by the 2nd Joint Civil Judge, Senior Division, Chandrapur below Exh. 4 in Special Civil Suit No. 132/1994 is assailed.

(3.) SHRI Anjan De, learned Counsel for the applicant, states that the non-applicant/plaintiff has filed a suit against the applicant/defendant for recovery of Rs. 1,50,000/- and during pendency of the suit, the non-applicant/plaintiff moved an application under Order XXXVIII, Rule 5 of the Code of Civil Procedure for attachment of property before judgment. The said application is allowed by the Court below by the impugned order and applicant is directed to furnish security to the tune of Rs. 1,60,000/ with solvent surety in like amount in the trial Court.