PRAHAAR ENTERPRISES Vs. FORTUNE MARKETING

JUDGEMENT

(1.) Rule, with the consent of the parties made returnable forthwith and heard.

(2.) The above Petition takes exception to the three orders, the first of which is the order dated 1/2/2011 by which order the trial Court i.e. Joint Civil Judge, Senior Division, Pune issued warrant under Order 38 Rule 2 of the Code of Civil Procedure against the Defendants which included the Petitioner, above named to furnish security for their appearance; by the second order dated 24/2/2011 the said order dated 1/2/2011 was clarified to the extent that the Defendants were granted liberty to deposit an amount of Rs.One lakh each in the trial Court or they were at liberty to file fixed deposit receipts of Rs.One lakh each in the name of the Court towards compliance of the order below Exhibit 23; by the third order dated 30/3/2012, in view of non compliance of the said order dated 24/2/2011 warrant of arrest against Defendant Nos.1, 4, 5, 6, 8, 9, 10 and 13 under Order 38 Rule 4 of the Code of Civil Procedure came to be issued.

(3.) It is not necessary to burden this order with unnecessary facts. The facts which are relevant for the adjudication of the above Petition can be in brief stated thus :