Case between M/s Indo Quartz vs M/s Ray Engineering Pvt. Ltd. et al regarding petition under Order 38 Rule 5 of Code of Civil Procedure.

Case Summary

The case involves M/s Indo Quartz as the plaintiff and M/s Ray Engineering Pvt. Ltd. and others as defendants. The plaintiff filed a petition under Order 38 Rule 5, claiming that the defendants intended to withdraw funds to defeat a potential decree against them.

Judgment Outcome

Plaintiff Won

Interim Order

The court directed the respondents to furnish security for an amount of Rs. 7,67,766/- or show cause why they should not. A conditional attachment of the specified amount was ordered from the garnishee.

Judgment Favored

Plaintiff

Relief Granted

Order of conditional attachment of Rs. 7,67,766/-

Case Type

Civil Suit

Final Judgment

No

The court directed the respondents to furnish security for an amount of Rs. 7,67,766/- or show cause why they should not. A conditional attachment of the specified amount was ordered from the garnishee.

Why Plaintiff Won:
The court was prima facie satisfied that the defendants intended to defeat the execution of any decree that may be passed against them.

Losing Side's Weaknesses:
Not available

Supporting Evidence

Heard the petitioners. Perused the records. I am prima facie satisfied that the respondents with the intent to defeat the execution of decree that may be passed against them are trying to withdraw the amount which is to be transferred by the Garnishee to the accounts of defendants.

Judgment Evidence:

Hence the respondents are directed to furnish security to the tune of Rs. 7,67,766/- on or before 10.03.2025 or to show cause why they should not furnish security for the said amount.

Parties Involved

Parties

Party Role: Plaintiff
Party Name: M/s Indo Quartz

Party Role: Defendant
Party Name: M/s Ray Engineering Pvt. Ltd.
Relation: Represented by

Party Role: Defendant
Party Name: The Director - Procurement, M/s Ray Engineering Pvt. Ltd.

Party Role: Defendant
Party Name: The Project Manager, M/s Ray Engineering Pvt. Ltd.

Party Role: Defendant
Party Name: The Project Manager, M/s Ray Engineering Pvt. Ltd.

Plaintiffs Documents

Defendants Documents

Advocates

Party Role: Plaintiff
Advocate Name: Susanth Shaji
Appearance Type: Main Counsel

Party Role: Plaintiff
Advocate Name: Sidharth O
Appearance Type: Main Counsel

Party Role: Plaintiff
Advocate Name: Albin A Joseph
Appearance Type: Main Counsel

Party Role: Plaintiff
Advocate Name: Nekha Varghese
Appearance Type: Main Counsel

Party Role: Defendant
Advocate Name: P H Rishad
Appearance Type: Main Counsel

Party Role: Defendant
Advocate Name: K N Nisha
Appearance Type: Main Counsel

Reliefs

Relief Type: Other

Outcome: Granted

Description:

Conditional attachment of Rs. 7,67,766/- out of the amount due from the garnishee to the respondents.

Evidence:

Hence the respondents are directed to furnish security to the tune of Rs. 7,67,766/- on or before 10.03.2025 or to show cause why they should not furnish security for the said amount. Meanwhile there will be an order of conditional attachment of Rs. 7,67,766/- out of the amount due from the garnishee to the respondents.

Documents & Evidence

Case Classification