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O.S. No.1240/2024

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.

Court
COURT OF MUNSIFF, ERNAKULAM
Judge
Smt. Needi.K.Dinamany
Order Date
2025-02-20
Duration

Judgement document from eCourt website

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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
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.

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

Plaintiffs

M/s Indo Quartz (Age not specified years) 38/1263 (A), Chandrathil Road, Edappally North Village, Kanayannur Taluk, Ernakulam District, Kochi- 682024

Defendants

M/s Ray Engineering Pvt. Ltd. (Age not specified years) Ray Compound, Plot No. 2, IIT Market, Powai, Mumbai- 400076 The Director - Procurement, M/s Ray Engineering Pvt. Ltd. (Age not specified years) Ray Compound, Plot No. 2, IIT Market, Powai, Mumbai- 400076 The Project Manager, M/s Ray Engineering Pvt. Ltd. (Age not specified years) Pampakuda, KST Project, Plot No. 858/4-2, Onakkoor Kara, Anchalpetty P O, Pampakuda G P, Ernakulam District, Pin- 686667 The Project Manager, M/s Ray Engineering Pvt. Ltd. (Age not specified years) Thrissur, KST Project, Plot No. 226/3, Keecheri Akikikavu Bypass Road, Akkikavu, Kunnamkulam, Thrissur District, Pin- 680519

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

Quick Facts

Location
Ernakulam District
Case Filed
Outcome Confidence
90%

Involved Entities

Private Individual

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