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SRIKANTH MYLAVARAPU (SENIOR OFFICER (LEGAL))     23 June 2010

WHATS THE REMEDY FOR ILLEGAL ATTACHMENT/INJUNCTION

IF THE PLAINTIFF GETS AN ILLEGAL ORDER OF ATTACHMANT OVER THE PROPERTY / INJCTION

WHAT IS THE REMEDY AVAILABLE TO THE DEFENDANT?UP TO WHAT EXTENT THE DEFENDANT CAN CLAIM AGANIST THE PLAINTIFF?



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 14 Replies

Adv. Gulammayudin A. Gagdani (LEGAL ADVISOR)     23 June 2010

against order of injunction or attachment appeal should be filed before appropriate authority. 

to the extent of damage or potential loss occured

SRIKANTH MYLAVARAPU (SENIOR OFFICER (LEGAL))     23 June 2010

SIR,

I DIDNT GET AN CORRECT ANSWER FROM YOU.

Adv. Gulammayudin A. Gagdani (LEGAL ADVISOR)     23 June 2010

WELL IF YOU KNOW THE ANSWER THEN DONT TRY TO JUDGE OTHERS. IF THE PLAINTIFF GETS AN ILLEGAL ORDER OF ATTACHMANT OVER THE PROPERTY / INJCTION. WHAT IS THE REMEDY AVAILABLE TO THE DEFENDANT? DEFENDANT HAVE TO FILE APPEAL AGAINST ILLEGAL ORDER OF ATTACHMENT OVER THE PROPERTY/INJUNTION IN HIGHER COURT. UP TO WHAT EXTENT THE DEFENDANT CAN CLAIM AGANIST THE PLAINTIFF? WHAT LOSS HE HAS SUFFERED CAN BE CLAIMED. WELL I ONCE AGAIN REQUEST YOU TO KINDLY GO THRU CPC BEFORE ASKING SUCH A QUESTION, AS YOU ARE ADVOCATE.

kranthi (retainer advocate)     23 June 2010

give question in detail, illegal means weather the party is not related with case ie he 3rdparty / he has not given any notice & not folle procedure

niranjan (civil practice)     23 June 2010

In both cases,under O.43(q) and (r) you have to file appeal before the District Court.

Jagan mohan (advocate)     24 June 2010

dear sir, according to your question their is a specific provision in C.P.C. that is if any person got an injuction illegally the other party can file a petition under sec:95 of c.p.c. specifically deals that compensation for obtaining arrest,attachment or injunction on insufficient grounds.  So in your case that the defendant can claim compensation

SRIKANTH MYLAVARAPU (SENIOR OFFICER (LEGAL))     25 June 2010

Mr.jagan mohan

what you said is right.why i asked this questio is most of our advocates were un aware of this provision

just to lighten this provision i asked this question.

the court award compensation 50,000/- to the defendant

SRIKANTH MYLAVARAPU (SENIOR OFFICER (LEGAL))     25 June 2010

gagdani sir

i know what im asking in this forum.with out having minimum knowledge i wont ak any question any question in this forum.i want to share my civil practise knowledge here.so, i aksed u this question.

before i ask any query in forum definaatly i think twise and post the question.i know im an advocate for that sake only i became a member in this forum.

ITS AN OPEN CHALLENGE FOR U CAN U ANSWER MY QUERY CORRECTLY

i dont want to comment others if any1 coment me i wont spare. you commented me so im challenging u?

thanks

SRIKANTH MYLAVARAPU (SENIOR OFFICER (LEGAL))     25 June 2010

MAY I KNOW THE PROCEDURE FOR GETTING REMEDY (COMPENSATION)FOR ILLEGAL ATTACHMENT/INJUNCTION FORM THE COURT?

Adv. Gulammayudin A. Gagdani (LEGAL ADVISOR)     25 June 2010

My friend srikanth, i appreciate your response, i regret if i have hurt your feelings.

Well definately you need to appeal and in the appeal also describe the facts of claim of such case.

amarendra (lawyer)     26 June 2010

srikant, first thing first you need to move appeal u/o 43 cpc to setaside the wrong order before the aplant. court there after only you can think of compnsn as i am of the view that your and my saying the order to be wrong will not be any use unless the same is declared so by a competant court.

Ayub S. Pathan (Legal Adviser)     30 June 2010

Mr. Shrikant,

Don't get annoyed by answer that may hurt you. but listen carefully and evaluate the answer first.

Ok. Your question has answer in Order 39 rule 4 of CPC. satisfy the court as per the requirement

of the provisions and you will succeed.

Best Luck.

Ayub S.Pathan, Legal Adviser, Mah.State,CID,Pune.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     02 July 2010

Shrikant you are confusing the learned advocates who have replied your querries.

See  for illegal attachment you can file objection in same court for seting it aside and if no order is passed appeal to higher court on this specific application .For injuction you can file appeal in higher court for setting it aside. But you have to support your pleadings with evidence and / illegality.

Srinivas (Director)     24 August 2010

All,

At what stage in the appeal process does one file an application under S95 for Rs. 50K compensation?

1) Should you wait for the decree on the Appeal?


thanks,


Srinivas


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