1 ao1242-1243-09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION rpa APPEAL FOR ORDER NO. 1242 OF 2009 ALONGWITH CIVIL APPLICATION NO. 1555 OF 2009 AND APPEAL FROM ORDER NO. 1243 OF 2009 ALONGWITH CIVIL APPLICATION NO. 1556 OF 2009 Jayvant Arjun Nalawade .. Appellant v/s. M/s. Mahavir Traders .. Respondents. .... Mr. Shashank Mangle for the Appellant. Mr. Suresh M. Shah, Power of Attorney holder of Respondent. .... CORAM : R.C. CHAVAN, J. DATE : JULY 20, 2010. P.C. These Appeals are directed against the order passed by the learned Civil Judge, Senior Division, Kolhapur, directing the appellant/original defendant to furnish security in sum of Rs. 11,00,000/­ in one matter and Rs. 6,00,000/­ in other matter, on application by the respondent/plaintiff for attachment before the Judgment. The respondents may be right in submitting that the appellant had disposed of some of his properties. But, that was before the suit was filed, and, may be, after orders came to 2 ao1242-1243-09 be passed in proceedings under provisions of section 138 of the Negotiable Instruments Act. As rightly pointed out by the learned counsel for the appellant, for the purpose of ordering attachment of property under order 38 Rule 5 of the Code of Civil Procedure, it is necessary for the plaintiffs to show that there is some attempt on the part of the plaintiffs to disposed of the property after the suit is filed. The appellant has tendered affidavit stating that he would not dispose of the properties, till the disposal of the suit. In view of this, the interest of the respondent/plaintiff is sufficiently protected and there would be no occasion for the Court to ask the appellant to furnish security, as has been ordered by the trial Court. 2. In view of this, the undertaking tendered on affidavit by the appellant, is accepted. The impugned order is set aside. 3. In view of the disposal of the above Appeals, Civil Application Nos. 1555 of 2009 and 1556 of 2009, do not survive and are disposed of accordingly. [ R. C. CHAVAN, J. ]