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.