KISHORE CHAND Vs. PUNJAB NATIONAL BANK, GURDASPUR

JUDGEMENT

(1.) This petition is directed against order of the trial Court dated March 16, 1989 whereby in a suit for recovery filed by the Punjab National Bank the Court ordered attachment under Order 38, Rule 5 conditionally with the observation that the attachment shall be deemed to be vacated as and when the defendant furnishes surety bond in the sum of Rs. 1,50,000/-. Learned counsel for the petitioner submitted that the entire property of the defendant has been ordered to be attached which was illegal. According to the learned counsel his clients are prepared to furnish the security and the attachment order be vacated.

(2.) As a matter of fact, the impugned order itself contemplates that the attachment will be deemed to be vacated as and when defendant furnishes surety bond to the sum of Rs. 1,50,000/-. In view of the said observation the defendant-petitioner will be at liberty to furnish the said security. As and when the said security is furnished the attachment order shall stand vacated. The petition stands disposed of accordingly.