GHULAMALI P. ALLANA vs LOUIS DREYFUS COMMODITIES SUISSE SA O — 2024 PLD 112 KARACHI-HIGH-COURT-SINDH

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GHULAMALI P. ALLANA VS LOUIS DREYFUS COMMODITIES SUISSE SA O. XXXVIII, R. 5---Law Reforms Ordinance (XII of 1972), S. 3---Intra-Court Appeal---Attachment before judgment---Principle---Applicability---In suit for recovery of money and damages appellant/ plaintiff sought attachment of properties of respondents/defendants before judgment but Trial Court ordered respondents/defendants to furnish security---Validity---Before an order of attachment before judgment can be granted, the Court must be convinced, through affidavit or other means, that a defendant is intending to obstruct or delay execution of any potential future decree by disposing of its property---No person is prohibited from dealing with his property simply because a lawsuit has been filed against him---Power to attach is only justified when Court is convinced not only that the defendant is disposing of or removing his property but also that the intent is to obstruct or delay execution of a potential future decree---It is open to Court to look to conduct of parties immediately before the suit and to examine surrounding circumstances and to draw an inference as to whether defendant is about to dispose of the property and if so, with what intention---Court can take into account nature of claim and the defence put forward---Neither the plaint nor attachment application alleged that the goods were being shipped by respondents/defendants with the intent to obstruct or delay execution of a decree that might be passed in the suit---No such intent could have been ascribed to respondents/defendants when shipment had been arranged/scheduled prior to institution of the suit without notice of any impending legal action---Plaint conveyed that shipment of goods was part of respondents'/defendants' business operations and not specifically undertaken in response to the lawsuit---Division Bench of High Court declined to interfere in the order passed by Trial Court as there was no infirmity or illegality nor was pointed out by appellant/plaintiff---Trial Court while passing order in question had appreciated all facts involved in the case---Intra Court Appeal was dismissed, in circumstances.

GHULAMALI P. ALLANA vs LOUIS DREYFUS COMMODITIES SUISSE SA O — 2024 PLD 112 KARACHI-HIGH-COURT-SINDH

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