Case Summary
Jijo Eldhose, a businessman, filed a petition seeking the attachment of Shajimon George's property due to unpaid invoices for roofing materials. The respondent disputes the order and asserts he did not place an order with the petitioner.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
Key Reasoning:
The court was satisfied that the Fixed Deposit Receipt and the bond constituted sufficient security to lift the attachment.
The court was satisfied that the Fixed Deposit Receipt and the bond constituted sufficient security to lift the attachment.
Judgment Evidence:
Accordingly, the office is directed to issue intimation to Catholic Syrian Bank, Ettumanoor Branch regarding the lien placed on Fixed Deposit Receipt SL No. CFD/23 – 3510696. The attachment order passed in I.A.No. 1/2024, shall be lifted as and when the Bank’s written confirmation is received that it has received the Court’s notice and acknowledged the lien on the said FDR.
Parties Involved
Plaintiffs
Jijo Eldhose (Age not specified years)
M.C. Road, Kanjirakad, Perumbavoor P.O, Erakulam District, Pin-683 542
Defendants
Shajimon George (Age not specified years)
Valiyavelichathil House, Memmuri Kara, Memmuri P.O., Maanjoor Village, Vaikom Taluk, Kottayam District, Pin – 686611
Reliefs
Relief Type:
Injunction
Outcome:
Partly Granted
Description:
The plaintiff sought an ad-interim conditional order of attachment of the respondent's immovable property.
Evidence:
the Court is satisfied that the Fixed Deposit Receipt produced and the attendant bond executed together constitute sufficient security for withdrawing the order of attachment
Documents & Evidence
Document Type:
Invoice
Submitted By:
Plaintiff
Relevance:
The invoice was for the supply of roof panel top sheets ordered by the respondent.
Reference:
A-24/FY-2023-24
Document Type:
Fixed Deposit Receipt
Submitted By:
Defendant
Relevance:
The defendant provided this Fixed Deposit Receipt as security in relation to the court proceedings.
Reference:
SL No. CFD/23 – 3510696
Document Type:
Bond
Submitted By:
Defendant
Relevance:
A bond executed through Advocate Roy George stipulating that the decree amount shall be recoverable as a first charge on the said FDR.
Reference:
Document Type:
Court Order
Submitted By:
Court
Relevance:
The Court lifted the attachment order based on the security provided.
Reference: