Canara Bank, represented by its Senior Manager vs Mysore Mercantile Company Limited, represented by its Managing Director and Others

Krishna S. Dixit, J

Petitioner-Bank being the plaintiff in a suit for declaration in O.S. No. 8533/2019, is invoking the writ jurisdiction of this Court for a direction to the

learned trial Judge to consider it's application in I.A. I filed under Order XXXVIII Rule 5 of CPC, 1908 seeking attachment before judgment, of the

subject property of the respondents herein.

Regard being had to the innocuous nature of prayer in the writ petition and also because the respondents would get an opportunity to make

submission on the subject application when taken up for consideration, notice to them is dispensed with.

It is a settled position of law that the request for temporary protection needs to be expeditiously considered by the Courts subject to all just

exceptions into which case of the petitioner does not fit.

In the above circumstances, this writ petition is disposed off directing the learned XXXVII Additional City Civil Judge, Bangalore (CCH-38) to hear

& dispose off the subject application within a period of six weeks, after giving an opportunity of participation to all the stake holders, in accordance

with law.

All contentions of the parties are kept open.