KAMAL MAITHIL Vs. AJAY SHARMA

JUDGEMENT

(1.) Heard finally with the consent of the parties.

(2.) This miscellaneous petition has been filed under Article 227 of the Constitution of India against orders dtd. 18/2/2022, and 14/12/2022. Vide order dtd. 18/2/2022, on an application filed by the defendant under Sec. 151 of CPC for leave to defend has been allowed with a direction to the defendant to furnish a security to the tune of Rs.2.00 crores, and vide order dtd. 14/12/2022 the review of the said order dtd. 18/2/2022 has been rejected.

(3.) In brief, the facts of the case are that the respondent/plaintiff has filed a summary suit under Order 37 Rule 1 and 2 of CPC for recovery of Rs.1,80,20,000.00 from the petitioner/defendant. In the aforesaid suit, an application under Order 38 Rule 1 and 2 of CPC was also filed by the plaintiff for attachment of the property of the defendant before judgement. Allowing the aforesaid application, vide order dtd. 17/1/2022, the learned Judge of the trial Court has directed the defendant to maintain the status quo in respect of its properties and should not alienate the same in any manner.