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
The court issued a conditional attachment of Rs. 1,53,670/- from the defendant's bank account and directed the defendant to provide security for the amount or show cause why they should not do so.
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.
Losing Side's Weaknesses:
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.
Supporting Evidence
The court's satisfaction was based on the prima facie evidence indicating the respondent's intention to withdraw funds from the bank account to defeat the execution of the 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
Parties
- Party Role
- Plaintiff
- Party Name
- Mahesh Bhavanji Shah
- Party Age
- 71
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Gudia Khatun
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- R Padmaraj
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Jomy George
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- R Ajith Kumar
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Justine Jose
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Chithra N Das
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sajeevan V T
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Deepak Mohan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Arjun S Prakash
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sreedevi V S
- Appearance Type
- Main Counsel
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.
Documents & Evidence
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Mahesh Bhavanji Shah vs Gudia Khatun regarding attachment of funds
Case Code Year
Case between Mahesh Bhavanji Shah vs Gudia Khatun regarding attachment of funds