Madras High Court
M/S.Parle Agro Private Limited vs M/S.Vishuda Enterprises on 22 June, 2022
C.M.A.No.1314 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.06.2022
CORAM :
THE HON'BLE MR. JUSTICE M.DURAISWAMY
AND
THE HON'BLE MR.JUSTICE SUNDER MOHAN
C.M.A.No.1314 of 2022
and C.M.P.No.9540 of 2022
M/s.Parle Agro Private Limited
Registered Office
Western Express Highway
Chakkala, Sahar Road,
Parsiwada, Andheri East,
Mumbai – 400 099. .. Appellant
Vs.
1.M/s.Vishuda Enterprises
represented by its Partner
Kris Rohan Shetty
Son of Banu Prathap Shetty
Door No.B1, First Floor,
Rainbow Manor Apartment,
Trichy Road, Coimbatore – 641 018.
2.M/s.EV Water Products Private Limited,
Registered Office at No.E2,
KTVR Apartments,
2nd Street, Bharathi Colony,
Peelamedu, Coimbatore – 4. .. Respondents
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C.M.A.No.1314 of 2022
Appeal filed under Section 13 (1A) of the Commercial Courts Act,
2015 read with Order 43 Rule 1(a) of the Code of Civil Procedure against
the impugned order dated 30.09.2021 made in I.A.No.2 of 2021 in
C.O.S.No.15 of 2021 passed by the Principal District Court, Coimbatore.
For Appellant : Mr.M.Narendran
for M/s.King and Partridge
JUDGMENT
(JUDGMENT WAS MADE BY M.DURAISWAMY, J.)
Challenging the order passed in I.A.No.2 of 2021 in C.O.S.No.15 of
2021 on the file of the Principal District Court, Coimbatore, the 2 nd
respondent/Garnishee has filed the above appeal.
2.The 1st respondent/plaintiff filed the suit in C.O.S.No.15 of 2021 on
the file of the Principal District Court, Coimbatore to direct the defendant to
pay the plaintiff a sum of Rs.46,97,181/- with interest of Rs.31,42,338/- @
12% per annum from the date of suit till the date of realisation. In the said
suit, the plaintiff took out an application in I.A.No.2 of 2021 under Order
38 Rule 5 & the Code of Civil Procedure to direct the 2nd respondent herein
to furnish security for the suit claim and costs in a sum of Rs.50 lakhs,
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C.M.A.No.1314 of 2022
failing which to order attachment before judgment of the sum of Rs.50 lakhs
available with the appellant herein by a prohibitory order by directing the
appellant/garnishee not to refund it to the 2nd respondent and to deposit the
same before the trial Court to satisfy the suit claim from and out of the
security deposit made by the 2nd respondent to the appellant.
3.Inspite of receiving notices from the trial Court, the appellant and
the 2nd respondent remained exparte and they were set exparte on
11.03.2021. Thereafter, on 30.04.2021, the trial Court directed the
respondent to furnish security for the sum of Rs.50 lakhs on or before
30.06.2021 and posted the matter to 30.06.2021. On 30.06.2021, due to
Covid-19, the trial Court adjourned the application to 04.08.2021. On
04.08.2021, the 1st respondent filed a notice batta under Section 6A and the
same was served on the appellant and the 2nd respondent to appear before
the Court on 03.09.2021. On 03.09.2021 also, the appellant and the 2 nd
respondent remained exparte. Since the appellant and the 2 nd respondent
chose not to appear before the trial Court inspite of receiving notices from
the trial Court, the trial Court heard the submissions of the 1 st
respondent/plaintiff on 06.09.2021 and being satisfied with the averments
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C.M.A.No.1314 of 2022
stated in the affidavit filed in support of the application and the submissions
made by the learned counsel for the 1st respondent/plaintiff, allowed the
application by attaching the petition mentioned amount of sum of Rs.50
lakhs, which is available with the appellant by way of a prohibitory order.
The said order was passed on 30.09.2021. Challenging this order, the
Garnishee filed the above appeal on 27.04.2022.
4.It is pertinent to note that though the appellant received the copy of
the order as early as on 16.11.2021, they chose to file the appeal only on
27.04.2022. The conduct of the appellant and the 2 nd respondent would
establish that they were not diligently contesting the matter and the intention
is only to drag on the matter for an indefinite period. That apart, the 1st
respondent has established the necessity for passing an order of attachment
before the judgment and considering the same, the trial Court has passed the
order on merits. We do not find any error or irregularity in the order passed
by the trial Court. The Civil Miscellaneous Appeal is devoid of merits and
the same is dismissed. No costs.
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C.M.A.No.1314 of 2022
5.The Principal District Judge, Coimbatore shall decide the suit in
C.O.S.No.15 of 2021 as expeditiously as possible. Consequently, the
connected miscellaneous petition is closed.
Index : Yes/No [M.D., J.] [S.M., J.]
va 22.06.2022
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C.M.A.No.1314 of 2022
M.DURAISWAMY, J.
and
SUNDER MOHAN, J.
va
C.M.A.No.1314 of 2022
and C.M.P.No.9540 of 2022
22.06.2022
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