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1 - 5 of 5 (0.24 seconds)Section 138 in The Negotiable Instruments Act, 1881 [Entire Act]
Raman Tech. & Process Engg. Co. & Anr vs Solanki Traders on 20 November, 2007
The interim protection sought for by the plaintiff is security. An order
directing the defendant to furnish security is an order under Order XXXVIII
Rule 5 of the CPC. The classical view in case of passing an order for
attachment before judgment, the plaintiff has to satisfy certain parameters as
indicated in Order XXXVIII Rule 5 of CPC and explained in the judgments
reported in (2008) 2 SCC 302 (Raman Tech. & Process Engg. Co. Vs. Solanki
Traders), (2008) 2 SCC 724 (Rajendra & Ors. Vs. Shankar Sundaram & Ors.)
and (2009) SCC OnLine Cal 1638 (Sunil Kakrania & Ors Vs. M/s. Saltee
Infrastructure Ltd. & Anr.).
Rahul S Shah vs Jinendra Kumar Gandhi on 23 November, 2021
There has been, however, a departure from this view in case of a
commercial disputes being the subject matter of a suit filed in commercial
division of this Court as expressed in the judgment reported in (2021) 6 SCC
418 (Rahul S. Shah Vs. Jitendra Kumar Gandhi).
Vimal Rajendra Chape And Ors vs Royal Sundaram Alliance Insurance Co. ... on 15 September, 2021
The interim protection sought for by the plaintiff is security. An order
directing the defendant to furnish security is an order under Order XXXVIII
Rule 5 of the CPC. The classical view in case of passing an order for
attachment before judgment, the plaintiff has to satisfy certain parameters as
indicated in Order XXXVIII Rule 5 of CPC and explained in the judgments
reported in (2008) 2 SCC 302 (Raman Tech. & Process Engg. Co. Vs. Solanki
Traders), (2008) 2 SCC 724 (Rajendra & Ors. Vs. Shankar Sundaram & Ors.)
and (2009) SCC OnLine Cal 1638 (Sunil Kakrania & Ors Vs. M/s. Saltee
Infrastructure Ltd. & Anr.).
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