The Bank of Madras vs Ponne Samy Moodelly – clr volume 2 page 022_2

In the case between Bank of Madras (Plaintiff) and Ponne-Samy Moodelly (Defendant), the court addressed the issue of whether the statutory prerequisites for a sequestration order under sections 653, 654, and 655 of the Civil Procedure Code were satisfied. It was held that the affidavits provided by the bank’s representatives contained personal knowledge as required, and the execution of the security bond by power of attorney was valid. This outcome reaffirmed the principle that formal compliance with statutory procedure—including proper affidavits and authorization for security—is essential in sequestration proceedings. The decision relied on the interpretation of the relevant Civil Procedure Code sections, emphasizing that adherence to procedural requirements by banks or their representat