BOMMANASAREE MANDIR Vs. MANISHA SAREES

JUDGEMENT

(1.) Appellant is the respondent-defendant in I.A. No.150 of 2001 in O.S. No.384 of 2001 on the file of the VII Senior Civil Judge, City Civil Court, Hyderabad.

(2.) The present appeal is filed by the appellant aggrieved by an order made by the learned Judge on 19-3-2001 under Order 38 Rule 6 CPC.

(3.) The respondent-plaintiff filed a suit O.S. No.384 of 2001 on the file of the VII Senior Civil Judge,City Civil Court, Hyderabad for recovery of certain amounts. Along with the suit, the respondent has also filed an application I.A. No.150 of 2001 under Order 38 rule 5 read with S. 151 CPC seeking attachment before judgment. It was averred by the respondent-plaintiff that he is a wholesale dealer of Banaras, Calcutta cotton and other fancy sarees and has been doing the business for the last several years at Sultan Bazar, Hyderabad. It was also averred that the appellant-respondent-defendant is carrying on cloth business under the name and style of "Bommana Saree Mandir" at Tilak Road, Hyderabad. It was further averred that the appellant herein used to buy sarees from the respondent on 30 days credit basis from 1997 onwards and in that process certain payments were not made within the stipulated time for the last several months and has been taking time by making certain false promises. It was also specifically averred in the affidavit filed in support of the said application that on reliable sources, the respondent herein came to know that the appellant is making serious attempts to shift the business by closing the shop with a view to defraud his creditors and that he is also indebted to several other wholesale dealers in the market and if he succeeds either in shifting the business or closing the shop, he will be put to serious loss and damage and he will not be able to recover any amounts and as such in the facts and circumstances, it may be just and necessary to attach the cloth material i.e. sarees to a tune of Rs.6,66974/- by way of attachment before judgment. It is also brought to our notice that in support of this affidavit, a third party affidavit supporting his application has also been filed along with the party's affidavit.