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
The court has decided to lift the attachment order on the condition that the respondent provides sufficient security through a fixed deposit receipt.
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.
Why Defendant Won:
Not available
Not available
Supporting Evidence
In light of these facts, this Court is satisfied that the Fixed Deposit Receipt produced and the attendant bond executed together constitute sufficient security for withdrawing the order of attachment passed under Order 38 Rule 5 of C.P.C.
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
Parties
- Party Role
- Plaintiff
- Party Name
- Jijo Eldhose
- Party Role
- Defendant
- Party Name
- Shajimon George
- Relation
- S/o
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Roy George
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- P. T. Geevargheese
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Rohan Roy
- Appearance Type
- Assisting Counsel
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:
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Perumbavoor
Common Reasons
Non-payment of rent
Case Code
Case between Jijo Eldhose vs Shajimon George regarding attachment of property
Case Code Year
Case between Jijo Eldhose vs Shajimon George regarding attachment of property