M/S. Kerala Transport Company vs Ammasaigounder Natarajan

Kerala High Court

M/S. Kerala Transport Company vs Ammasaigounder Natarajan on 22 May, 2024

Author: V.G.Arun

Bench: V.G.Arun

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
              THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI
                                    &
                    THE HONOURABLE MR.JUSTICE V.G.ARUN
          Wednesday, the 22nd day of May 2024 / 1st Jyaishta, 1946
                             WA NO. 523 OF 2024
    AGAINST JUDGMENT DATED 05/03/2024 IN WP(C) 27867/2023 OF THIS COURT
APPELLANT(S)/RESPONDENTS 2 & 3:

  1. M/S. KERALA TRANSPORT COMPANY KTC BUILDING , YMCA ROAD, CALICUT,
     ,REPRESENTED BY ITS MANAGING PARTNER, PIN - 673001
  2. M/S. KALPAKA TRANSPORT COMPANY PVT. LTD KTC BUILDING, YMCA ROAD,
     CALICUT, REPRESENTED BY ITS MANAGING DIRECTOR, PIN - 673001

BY ADV.BIJU ABRAHAM

RESPONDENT(S)/PETITIONERS & 1ST RESPONDENT:

  1. AMMASAIGOUNDER NATARAJAN AGED 72 YEARS S/O PALANIGOUNDER
     AMMASAIGOUNDER, 172 SEDAN THOTTAM THOTTIPALAYAM COIMBATORE, PIN -
     641668
  2. SUBRAMANIAM K AGED 59 YEARS S/O KARAPPUSWAMY GOUNDER , 1/153C, MUMMY
     THOTTAM, COIMBATORE, PIN - 641688
  3. UNION BANK OF INDIA REPRESENTED BY ITS AUTHORIZED OFFICER, UNION
     MSME FIRST BRANCH, KOZHIKODE, P' FLOOR, PARCO COMPLEX, KALLAI ROAD,
     KOZHIKODE, PIN - 673002

     Prayer for interim relief in the Writ Appeal stating that in the
circumstances stated in the appeal memorandum, the High Court be pleased
to restrain the third respondent Bank from demanding and recovering the
sum of Rs 36,41,774.00 [paid by it to 1st & 2nd respondents in obedience
to the impugned judgment of the Single Bench dated 05.03.2024 in WP [C]
27867 of 2023], till the disposal of this writ appeal
     This Writ Appeal coming on for orders along with connected case on
22/05/24 upon perusing the appeal memorandum, the court on the same day
passed the following:
                                A.J.DESAI, C.J.
                                      &
                                 V.G.ARUN, J.
                      =========================
                        W.A. Nos. 500 & 523 of 2024
                      =========================
                     Dated this the 22nd day of May, 2024

                                      ORDER

A.J.DESAI, C.J.

Learned Counsel appearing for the respondent bank requests for time which is opposed by the learned Counsel on the other side. As a last chance, the matter, along with the connected case, is adjourned to 10.06.2024.

The interim direction dated 30.04.2024 is extended till then.

Sd/-

A.J.DESAI CHIEF JUSTICE Sd/-

V.G.ARUN JUDGE uu 22-05-2024 /True Copy/ Assistant Registrar