Supreme Court of India · 2007-11-20
Raman Tech. & Process Engg. Co. & Anr vs Solanki Traders
- Citation / case number
- AIRONLINE 2007 SC 80
- Court
- Supreme Court of India
- Petitioner
- Raman Tech. & Process Engg. Co. & Anr
- Respondent
- Solanki Traders
- Bench
- R.V. Raveendran, P. Sathasivam
Judgment text excerpt
The Supreme Court held that under Order 38 Rule 5 CPC, a plaintiff must establish a prima facie case before the court can order attachment before judgment. The Court emphasized that the mere existence of a valid claim is insufficient; the plaintiff must also demonstrate that the defendant is attempting to remove or dispose of assets to defeat a potential decree. The High Court's order directing the defendants to furnish security was upheld, as the defendants' actions indicated an intention to evade the court's jurisdiction.