The High Court dismissed the application filed by the plaintiffs ...
Plaintiffs' request for securing amount rejected; failed to prove defendants' intent to dispose assets.
December 16, 2024
Case Laws GST HC
The High Court dismissed the application filed by the plaintiffs seeking an order to require the defendants to secure an amount of Rs. 1,14,88,833/- until the disposal of the suit. The Court held that the plaintiffs failed to establish a prima facie case against the defendants to demonstrate that they were attempting to dispose of or remove movable or immovable properties from the Court's jurisdiction to prevent the plaintiffs from realizing any decretal amount that may be awarded in the future. The Court found that the plaintiffs merely made a bald statement about apprehending the defendants' potential actions, without providing any supporting documents. The dispute over the principal amount of Rs. 77,05,223/- claimed by the plaintiffs, along with interest at 18% per annum, and the defendants' defense of having returned goods worth Rs. 55,24,252/- to the plaintiff company, remains a matter for trial.
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