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    <title>2014 (6) TMI 1070 - MADRAS HIGH COURT</title>
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    <description>Attachment before judgment under Order XXXVIII Rule 5 requires concrete material showing that the defendant is attempting to dispose of or remove property to defeat a decree; bare allegations in a money suit are insufficient, and the remedy cannot be used to convert an unsecured claim into a secured one. The Court also held that interim injunction under Order XXXIX Rules 1 and 2 requires a prima facie case, balance of convenience, and irreparable injury, which were not made out where the properties were said to be covered by an equitable mortgage and were not the suit property. The appeals failed and the refusals were left undisturbed.</description>
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    <pubDate>Mon, 16 Jun 2014 00:00:00 +0530</pubDate>
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      <title>2014 (6) TMI 1070 - MADRAS HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=306669</link>
      <description>Attachment before judgment under Order XXXVIII Rule 5 requires concrete material showing that the defendant is attempting to dispose of or remove property to defeat a decree; bare allegations in a money suit are insufficient, and the remedy cannot be used to convert an unsecured claim into a secured one. The Court also held that interim injunction under Order XXXIX Rules 1 and 2 requires a prima facie case, balance of convenience, and irreparable injury, which were not made out where the properties were said to be covered by an equitable mortgage and were not the suit property. The appeals failed and the refusals were left undisturbed.</description>
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      <pubDate>Mon, 16 Jun 2014 00:00:00 +0530</pubDate>
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