ad interim injunction

sumit (Querist) 27 August 2010 This query is : Resolved
suit for recovery respondents are NRI's having no property in india(disposed off) except bank accounts.
CAN AD INTERIM INJUNCTION CAN BE PASSED AT THE TIME OF SUMMONING (UNDER O38 R5) ATTACHING THOSE ACCOUNTS.
IF YES PLEASE GIVE CITATION.

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Devajyoti Barman (Expert) 27 August 2010
Without giving an opportunity to the other party to furnish security at the time of his appearance the court is not likely to attach the accounts at the first step.

s.subramanian (Expert) 28 August 2010
Order 38 Rule 5 of C.P>C> confers power on the courts to pass an Exparte order of Attachment before Judgement on valid grounds. But this power has to be utilised by the courts very sparingly and on very strong grounds being made out. .

s.subramanian (Expert) 28 August 2010
In your case also since this is the only source for recovering the dues,the court can be satifactorily convinced to pass such an order.

O. Mahalakshmi (Expert) 03 September 2010
You have to show valid ground to attach

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