Supreme Court of India

Raman Tech. & Process Engg. Co. & Anr. v. Solanki Traders

Neutral citation
Reported as [2007] 12 S.C.R. 409
Bench R.V. Ra Veendran and P. Sathasiv Am JJ.
Decided 20 November 2007

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

5 Supreme Court benches have cited this judgment.

From the headnote

Code a/Civil Procedure, 1908: Or. 38 r.5-Direction to defendant to furnish security for suit c claim-HELD: Power under Or.38 r.5 is a drastic and extraordinary power-Such power should not be exercised mechanically-It should be used sparingly and strictly in accordance with Rule-Purpose of Or. 38 r.5 is not to convert an unsecured debt into a secured debt- ~ ~ . Any attempt by a plaintiff to utilize provisions of Or. 38 r. 5 as a leverage -<{ for coercing defendant to settle the suit claim should be discouraged- Before power is exercised under Or. 38 r. 5, plaintiff should show, prima facie,

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