Sudhir D. Ahuja vs The Mint Matrix & Ors
2022 Latest Caselaw 1940 Cal

11.04.2022

sb C.O 722 of 2022 (Physical Hearing)

Sudhir D. Ahuja

-vs-

The Mint Matrix & Ors.

Mr. Sabyasachi Chowdhury Ms. Shukti Nag Ms. Tarini Joardar ...for the petitioner

The petitioner assails the order dated 12th

January, 2022 passed by the learned Civil Judge,

2nd Court (Sr. Division), Alipore in TS no. 55 of

2016 rejecting the prayer for attachment before

judgment under Order 38 Rule 5 of the Civil

Procedure Code.

Mr. Sabyasachi Chowdhury, learned

advocate for the petitioner submits that even after

termination of the lease and the expiry of

agreements already executed between the parties,

the defendants started occupying and possessing

the suit property without paying any hire charges

therefor. It is contended by the learned advocate for

the petitioner that a huge amount is lying due

towards the heading hire charges, and for which an

order of attachment before judgment was felt

necessary simply to give effect to a decree, if passed

in this case ultimately.

Mr. Chowdhury, further contends that after

the termination of the lease coupled with the expiry

of connected agreement therefor, the court below

ought to have considered the prayer for attachment

before judgment, as there has been already

accummulation of huge amount of hire charges for

the assets of the plaintiff/petitioner being

indiscriminately utilised by the opposite

parties/defendants.

There is an arguable point thus raised, which

needs to be addressed touching upon the merits of

the case, pending decision of which, interim

protection to the petitioner is felt necessary.

Let there be no third party interest created in

respect of assets under the control and

management of the defendant/opposite party till

the end of July 2022.

The petitioner is directed to serve a copy of

the application upon the opposite parties and their

learned advocates in the court below by speed post

with acknowledgement due and file affidavit of

service on the next returnable date.

Let the matter appear on 1st week of July

under the heading "Civil Revision".

(Subhasis Dasgupta J.)