Niyam v2 is live — start for just ₹100 — 200 credits to try

november 2007

Supreme Court of India · 2007-11-20

M/S. RAMAN TECH & PROCESS ENGG.CO.&ANR. vs M/S. SOLANKI TRADERS

Citation / case number
SC 2001/9742
Court
Supreme Court of India
Petitioner
M/S. RAMAN TECH & PROCESS ENGG.CO.&ANR.
Respondent
M/S. SOLANKI TRADERS
Author
P. SATHASIVAM R.V. RAVEENDRAN
Bench
P. SATHASIVAM R.V. RAVEENDRAN

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 attempt to evade the court's jurisdiction.

M/S. RAMAN TECH & PROCESS ENGG.CO.&ANR. vs M/S. SOLANKI TRADERS · Niyam