Simplex Infrastructures Ltd vs Manoj Kumar A.Gandhi
2021 Latest Caselaw 17548 Mad

                                                                                C.R.P.(P.D).No.1703 of 2021

                                IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED : 26.08.2021

                                                          CORAM

                               THE HON'BLE Mr. JUSTICE G.CHANDRASEKHARAN

                                               C.R.P.(PD) No.1703 of 2021
                                               and C.M.P.No.13186 of 2021

                      Simplex Infrastructures Ltd,
                      Rep. by its Authorized Signatory
                      R.Swaminathan
                      Registered Office:
                      "Simplex House", No.27, Shakespeare Sarani
                      Kolkata - 700 017.
                      Chennai Branch Office
                      "Heavitree Building", 1st Floor
                      No.47/23, Spurtank Road
                      Chetpet, Chennai - 600 031.                                    ...Petitioner
                                                        Vs.

                      Manoj Kumar A.Gandhi                                           ...Respondent

                      Prayer :- Civil Revision Petition is filed under Article 227 of the Constitution
                      of India, to set aside the petition order dated 09.04.2021 of the VI Additional
                      City Civil Judge at Madras in IA No.2 of 2021 in OS No.3156 of 2021
                      directing the Petitioner to furnish security.

                                For Petitioner        :   Mr.O. Solaiappan




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                                                                                C.R.P.(P.D).No.1703 of 2021



                                                          ORDER

This Civil Revision Petition is filed, to set aside the petition order

dated 09.04.2021 of the VI Additional City Civil Judge at Madras in IA No.2

of 2021 in OS No.3156 of 2021 directing the Petitioner to furnish security.

2.The learned counsel for the petitioner submitted that the

respondent filed a suit in O.S.No.3156 of 2021 for a money decree, based on

the business dealings and also filed an application in I.A.No.2 of 2021 under

Order 38 Rule 5 (1) & 6 of CPC to furnish security, to the tune of

Rs.19,75,767/- or to attach the property before judgment. While entertaining

the I.A.No.2 of 2021, the learned Trial Judge without following the procedure

under Order 38 Rule 5 (1) of CPC directed the petitioner to offer security for

a sum of Rs.19,75,000/- on or before 23.04.2021. Against the said order, the

present Civil Revision Petition is filed.

3.It is stated that the suit in O.S.No.3156 of 2021 that it was filed

for recovery of money and along with the suit, a petition under Order 38

Rule 5 (1) & 6 of CPC was filed, for attaching certain immovable properties

before judgment. Perusal of the affidavit filed in support of the petition in

I.A.No.2 of 2021 shows that the respondent apprehend that the petitioner

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with an intent to delay and defeat the execution of the decree, that may be

passed against it, is making all arrangements to leave the local limits of the

jurisdiction of this Court and also attempting to dispose of its immovable

properties, listed in the schedule. Thus, it is clear from the averments that the

respondent apprehend that the petitioner will leave from the jurisdiction of

this Court and will dispose the immovable properties. The Trial Court order

dated 09.04.2021 runs as follows,

"Heard. The respondent shall offer security for a sum of Rs.19,75,000/- on or before 23.04.2021. Issue notice to respondent returnable by 23.04.2021 specifically to offer security. Private notice is also permitted."

4.Further, Order 38 Rule 5 provides that when the Court is

satisfied, by affidavit or otherwise, that the defendant, with intent to obstruct

or delay the execution of any decree that may be passed against him,- (a) is

about to dispose of the whole or any part of his property, or (b) is about to

remove the whole or any part of his property from the local limits of the

jurisdiction of the Court, the Court may direct the defendant, within a time to

be fixed by it, either to furnish security, or to appear and show cause why he

is not furnished security.

http://www.judis.nic.in C.R.P.(P.D).No.1703 of 2021

5.The learned Trial Judge, in his order dated 09.04.2021 directed

the petitioner to furnish security and at the same time, he caused notice with a

direction to furnish security on or before 23.04.2021. Thus order of the

learned VI Additional Judge, City Civil Court, Chennai is perfect under Order

38 Rule 5 of CPC and therefore, this Court finds no reason to interfere with

the order dated 09.04.2021 made in I.A.No.2 of 2021 in O.S.No.3156 of

2021.

6.Accordingly, this Civil Revision Petition is dismissed. No costs.

Consequently connected miscellaneous petition is closed.

                      Jer                                                                  26.08.2021
                      Index:Yes/No
                      Internet:Yes/No
                      Speaking Order: Yes/No
                      To

1.The VI Additional Judge, City Civil Court, Chennai.

2.The Section Officer VR Section High Court of Madras.

G.CHANDRASEKHARAN.J,

http://www.judis.nic.in C.R.P.(P.D).No.1703 of 2021

Jer

C.R.P.(PD) No.1703 of 2021 and C.M.P.No.13186 of

26.08.2021

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