MOHAMMED VASEE Vs. ALAKANANDA TOWNSHIPS PVT. LTD.

JUDGEMENT

(1.) Heard Sri M. R. S. Srinivas, learned counsel for the Appellant and Sri V. V. Saketh Roy, learned senior counsel for the Respondent.

(2.) The present appeal under Order 43 Rule 1 of Code of Civil Procedure (CPC) has been filed by the appellant/defendant in Commercial Original Suit (in short 'COS') No.14 of 2023, pending in the Court of the Special Judge for trail and disposal of Commercial Disputes, Visakhapatnam (in short 'Special Court'), being aggrieved from the Order dtd. 9/8/2024 passed in I.A.No.458 of 2023, whereby inter alia the attachment of the petition schedule land effected vide earlier Order dtd. 10/11/2023 in the said COS has been made absolute, also granting liberty to the defendant to seek modification of the attachment according to law, and providing that, which, if sought would be decided on its own merits.

(3.) The COS was filed by the plaintiff/respondent for recovery of amount of Rs.3,19,75,543.00 (Rupees three crore nineteen lakh seventy five thousand five hundred and forty three only) said to be due and payable by the defendant on the strength of a Memorandum of Understanding (in short 'MOU') dtd. 5/11/2020 and a consequent default thereof on its part.