B SHIVACHARAN SINGH Vs. SHRIRAM CHITS LTD

JUDGEMENT

(1.) As CRP is filed against the order dated 1-8-2001 made in IA.No.793 of 2001 in O.S.No.249 of 2000 by the 2nd defendant in the suit and the 2nd respondent in IA.No.793 of 2001 on the file of the Principal Senior Civil Judge, Warangal.

(2.) The 1st respondent herein is the plaintiff in the said suit. The plaintiff filed the suit against the 1st defendant, who is the subscriber of a chit and successful bidder and defendants 2 to 4 are guarantors for payment of the chit amount lifted by the 1st defendant. Subsequent to the filing of the suit, the plaintiff filed IA.No.793 of 2001 under Order 38 Rule 5 CPC to pass prohibitory order directing respondents 5 and 6, who are the employers of the 2nd defendant, to withhold the amount of Rs.2,50,000/- from out of the service benefits payable to the 2nd defendant and deposit the same to the credit of the above suit. The said application filed by the petitioner-plaintiff is allowed by the order dated 1-8-2001, against which, the 2nd respondent-2nd defendant filed this CRP.

(3.) The learned Principal Senior Civil Judge, while allowing the said application, directed the petitioner herein not only to furnish 3rd party security to the satisfaction of the Court on or before 16-8-2001 but also directed that till the petitioner herein furnishes the 3rd party security, the amount payable by respondents 5 and 6 to the 2nd respondent, i.e, the petitioner herein towards ex gratia, leave salary and 3 months' salary to an extent of Rs. 2,50,000.00 in the hands of respondents 5 and 6, is directed to be withheld by them by way of attachment.