S.Kanagalakhmi vs V.Ramesh
2022 Latest Caselaw 15319 Mad

                                                                              C.M.A.(MD)No.677 of 2022

                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                   DATED: 14.09.2022

                                                        CORAM:

                                   THE HON'BLE MR.JUSTICE K.MURALI SHANKAR

                                            C.M.A.(MD)No.677 of 2022
                                          and C.M.P.(MD)No.5855 of 2022

                S.Kanagalakhmi                               ... Appellant


                                                            Vs.


                V.Ramesh
                represented by his power
                agent S.Maheswari                            ... Respondent


                Prayer : This Appeal filed under order 43 rule (1) of Civil Procedure Code, to
                allow the Memorandum of Civil Miscellaneous Appeal against order dated
                25.04.2022 made in I.A.No.2 of 2022 in O.S.No.37 of 2022 on the file of the
                2nd Additional District Court, Tuticorin.

                                  For Appellant          : Mr.B.Rajesh Saravanan

                                  For Respondent         : Mr.M.Thirunavukkarasu

                                                      JUDGMENT

This Civil Miscellaneous Appeal is directed against the order passed in

I.A.No.2 of 2022 in O.S.No.37 of 2022 dated 25.04.2022 on the file of the

https://www.mhc.tn.gov.in/judis C.M.A.(MD)No.677 of 2022

learned 2nd Additional District Court, Tuticorin attaching the properties listed in

the petition filed under Order 38 Rule 5 of the Civil Procedure Code.

2. The respondent has laid a suit in O.S.No.37 of 2022 for recovery of

Rs.13,14,000/- (Rupees Thirteen Lakhs and Fourteen Thousand only) due on

the promissory note alleged to have been executed by the appellant on

04.07.2019 in favour of the respondent.

3. It is not in dispute that the respondent has moved an application

under Order 38 Rule 5 C.P.C., seeking attachment of the properties belonging

to the appellant and the learned 2nd Additional District Judge vide order dated

22.04.2022, directed the appellant to furnish security and that since the

appellant has not furnished security as directed by the Court, ordered

attachment of the properties vide order dated 25.04.2022.

4. Aggrieved by the said order of attachment of the properties, the

appellant/defendant has come forward with the present appeal.

5. When the appeal is taken up, the learned counsel for the appellant

would submit that the appellant is ready to furnish the bank guarantee for a

https://www.mhc.tn.gov.in/judis C.M.A.(MD)No.677 of 2022

sum of Rs.15,00,000/- (Rupees Fifteen Lakhs only) before the trial Court and

also filed a Memo dated 13.09.2022 to that effect.

6. The learned counsel for the respondent would submit that the trial

Court may be directed to raise the attachment, after receiving the bank

guarantee furnished by the appellant.

7. Considering the above and also the submissions made by the learned

counsel for the appellant as well as the respondent, the appellant is directed to

furnish bank guarantee for Rs.15,00,000/- (Rupees Fifteen Lakhs only) before

the trial Court within a period of two weeks from the date of receipt of a copy

of this order and on the production of such bank guarantee, the trial Judge is

directed to take necessary steps for raising the attachment.

8. With the above directions, this Civil Miscellaneous Appeal is disposed

of. Consequently, connected miscellaneous petition is closed. No costs.

14.09.2022 Index :yes/No Internet:yes/No csm

https://www.mhc.tn.gov.in/judis C.M.A.(MD)No.677 of 2022

K.MURALI SHANKAR,J.

csm

To

1. The 2nd Additional District Judge, Tuticorin.

C.M.A.(MD)No.677 of 2022 and C.M.P.(MD)No.5855 of 2022

14.09.2022

https://www.mhc.tn.gov.in/judis