Case Summary
This case involves a petition filed by the plaintiff, Mahesh Bhavanji Shah, against the defendant, Gudia Khatun, regarding the conditional attachment of funds in a bank account. The plaintiff seeks to secure an amount from the defendant's account to prevent any attempt to withdraw it before a court decree.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Conditional attachment of Rs. 1,53,670/-
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The court found reasonable grounds to believe that the defendant may attempt to withdraw the funds to defeat the execution of a potential decree.
The court found reasonable grounds to believe that the defendant may attempt to withdraw the funds to defeat the execution of a potential decree.
Judgment Evidence:
This is a petition filed by the plaintiffs under Order 38 Rule 5 of Code of Civil Procedure. Heard the Petitioner. Perused the records. I am prima facie satisfied that the respondent with the intent to defeat the execution of decree that may be passed against him is trying to withdraw the amount in the account No. 20200107700954 with the garnishee, Bandhan Bank Limited, Charial Bazaar Branch, Kolkata. Hence the respondent is directed to furnish security to the tune of Rs. 1,53,670/- on or before 20.11.2025 or to show cause why he should not furnish security for the said amount.
Parties Involved
Plaintiffs
Mahesh Bhavanji Shah (71 years years)
11D Link Laxman Apartments, Valanjambalam, SA Road, Cochin - 682 016
Defendants
Gudia Khatun (Age not specified years)
G-378 Alif Nagar, Garden Reach -SO, Kolkata, West Bengal - 700024
Reliefs
Relief Type:
Injunction
Outcome:
Granted
Description:
Conditional attachment of Rs. 1,53,670/- out of the amount due from the garnishee to the respondent.
Evidence:
Hence the respondent is directed to furnish security to the tune of Rs. 1,53,670/- on or before 20.11.2025 or to show cause why he should not furnish security for the said amount. Meanwhile there will be an order of conditional attachment of Rs. 1,53,670/- out of the amount due from the garnishee to the respondent.