M/S.M.M.Forgings Limited v. M/S.Trident Forgings Private

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) FRIDAY, THE 28th DAY OF JUNE 2019 THE HON'BLE MR. JUSTICE KRISHNAN RAMASAMY A.NO.105 OF 2017 IN C.S. No.12 of 2017 M/s. M.M.Forgings Limited, Represented by its General Manager-Machine Shop Guindy House, No.95, Anna Salai, Chennai 600 032 ...Applicant/Plaintiff -vs1.M/s. Trident Forgings Private Limited, Represented by its Managing Director Mr.Annaswamy Suresh No.42, III Floor Jamals Sonu Terrace Loganathan Nagar, 109, Jawaharlal Nehru Road Choolaimedu, Chennai 600 094 2.M/s. Samkrish Machine Tools Represented by Mr.Annaswamy Suresh No.42, III Floor Jamals Sonu Terrace Loganathan Nagar 109, Jawaharlal Nehru Road Choolaimedu, Chennai 600 094 .

Respondents/Defendants Application praying that this Honble Court be pleased to pass an order of directing the respondent/defendant to furnish security to the satisfaction of this Honble Court, to the extent of the suit claim of Rs.81,79,796/- within a time be fixed by this Honble Court, failing which order attachment before Judgement of the immovable as detailed in the Schedule hereunder, pending disposal of the suit through District Munsif Court, Sriperumbudur.

This Application coming on this day before this court for hearing the court made the following order: This application has been filed to direct the respondent/defendant to furnish security to the satisfaction of this Hon'ble Court, to the extent of the suit claim of Rs.81,79,796/- within a time to be fixed by this Hon'ble Court, failing which order attachment before judgement of the immovable as detailed in the schedule hereunder, pending disposal of the suit through District Munsif Court, Sriperumbudur.

2.

The learned counsel appearing for the first defendant filed an affidavit stating in paragraph No.3 which reads as follows:- "I undertake not to alienate or encumber the property which is subject matter of the Application No.105/2017 in C.S.No.12/2017, without permission of this Hon'ble Court. In fact the property was granted for 99 years lease by SIPCOT and it is also equitable secured by Deposit of Title Deeds with Central Bank of India, Teynampet Branch, Chennai."

3.

In view of the undertaking provided by the first defendant and recording the same, the application is closed.

Sd/.K.R.J 28.06.2019 //Certified to be a true copy// Dated this the day of 2019.

R.s/05.07.2019 COURT OFFICER From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.