IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SEVENTEENTH DAY OF JUNE TWO THOUSAND AND TEN PRESENT: THE HON'BLE SRI JUSTICE P.S. NARAYANA CIVIL MISCELLANEOUS APPEAL No.773 of 2006 Between: R. Vimal Kumar Gupta ... APPELLANT A N D M/s.Jeevan Shakthi Chit Fund Pvt. Limited, rep. by its Legal Assistant Sri K. Samba Shiva Rao and others ... RESPONDENTS JUDGMENT: This Court granted interim suspension on 07-09-2006 for a limited period, which is being extended from time to time. 2. This Civil Miscellaneous Appeal is filed as against the order in I.A.No.886 of 2006 in O.S.No.1196 of 2006 on the file of the VII Senior Civil Judge, City Civil Court, Hyderabad. 3. The grievance of the appellant is that the learned Judge totally erred in issuing conditional attachment without being satisfied about the mandatory requirement of Order XXXVIII Rule 5(1) of the Code of Civil Procedure. 4. Several grounds raised in the grounds of Civil Miscellaneous Appeal also had been pointed out. This Court is not inclined to express any opinion touching the merits and demerits. However, inasmuch as, interim suspension had been granted on 07-09-2006 and the same is in force for sufficiently long time. The order under challenge is hereby set aside and the matter is remitted to the learned Judge to consider the respective stands of the parties and pass appropriate orders, in accordance with law. 5. Accordingly, the Civil Miscellaneous Appeal is allowed to the extent indicated above. There shall be no order as to costs. ___________________ P.S. NARAYANA, J June 17, 2010. Pn THE HON'BLE SRI JUSTICE P.S. NARAYANA CIVIL MISCELLANEOUS APPEAL No.773 of 2006 June 17, 2010