Kerala High Court
M/S Dlf Home Developers Limited vs Anto Thomas on 13 April, 2023
OP(C) No.933/2023 1/4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
Thursday, the 13th day of April 2023 / 23rd Chaithra, 1945
OP(C) NO. 933 OF 2023
EP 960/2020 OF PRINCIPAL SUB COURT, ERNAKULAM
PETITIONER/RESPONDENT/JUDGMENT DEBTOR:
M/S DLF HOME DEVELOPERS LIMITED, REGISTERED OFFICE AT DLF CENTRE
SANSAD MARG, NEW DELHI - 110001, HEAD OFFICE AT B-34, INNER CIRCLE,
CONNAUGHT PLACE, NEW DELHI - 110001 AND ZONAL OFFICE AT OPPOSITE
DOORDARSHAN KENDRA SEAPORT AIRPORT ROAD, COCHIN, PIN - 682030
REPRESENTED BY ITS AUTHORIZED REPRESENTATIVE MR SAJID K.M.
RESPONDENTS/PETITIONERS/DECREE HOLDERS:
1. ANTO THOMAS, AGED NOT KNOWN TO THE PETITIONER, S/O THOMAS V.
CHIRAYIL, CHAKUNGAL HOUSE, BANK ROAD, NEAR STATE BANK OF INDIA,
VYTILLA, KOCHI, PIN - 682019
2. KAVITHA JOSEPH, AGED 50 YEARS, W/O ANTO THOMAS, RESIDING AT
CHAKUNGAL HOUSE, BANK ROAD NEAR STATE BANK OF INDIA, VYTILLA, KOCHI
, PIN - 682019
Op (civil) praying inter alia that in the circumstances stated in
the affidavit filed along with the OP(C) the High Court be pleased to stay
Exhibit P4 order and all further proceedings in EP No.960 of 2020 on the
files of the Principal Subordinate Judge's Court, Ernakulam which has been
transferred to 1st Additional District Court, Ernakulam, till disposal of
the Original Petition (Civil).
This petition coming on for admission upon perusing the petition and
the affidavit filed in support of OP(C) and upon hearing the arguments of
M.GOPIKRISHNAN NAMBIAR, K.JOHN MATHAI, JOSON MANAVALAN, KURYAN THOMAS,
PAULOSE C. ABRAHAM, RAJA KANNAN, Advocates for the petitioner and of
M/S.PHILIP T.VARGHESE, THOMAS T.VARGHESE, ACHU SUBHA ABRAHAM,V.T.LITHA &
K.R.MONISHA, Advocates for the respondents, the court passed the
following:
(P.T.O)
OP(C) No.933/2023 2/4
C.S DIAS,J.
---------------------------
OP(C) No.933 of 2023
-----------------------------
Dated this the 13th April, 2023
ORDER
Admitted. Sri.Thomas Varghese takes notice for
the respondents. He seeks time to file counter affidavit
On a consideration of the pleadings and materials
on record and after hearing the Counsel on both sides,
I am of the view that a conditional interim order can be
passed.
Hence I lift the order of attachment ordered in
Ext.P5, subject to the condition that the petitioner
furnishes security for an amount of Rs.2,00,18,088/-
(Rupees Two crore eighteen thousand eighty eight only)
to the satisfaction of the Court of the District Judge,
Ernakulam. On the said security being furnished, as
ordered above, the Court of the District Judge,
OP(C) No.933/2023 3/4
O.P (C)933/2023
Ernakulam, shall communicate the lifting of attachment over
the attachment schedule property, to the jurisdictional Sub-
Registry Office and the Village Office.
Post on 26.05.2023.
rkc/13.04.2023 Sd/- C.S.DIAS, JUDGE
13-04-2023 /True Copy/ Assistant Registrar
OP(C) No.933/2023 4/4
APPENDIX OF OP(C) 933/2023
Exhibit P4 TRUE COPY OF THE ORDER DATED 23.2.2023 PASSED BY THE
COURT OF THE JUDGE, COMMERCIAL COURT, (PRINCIPAL SUB
JUDGE) ERNAKULAM
Exhibit P5 TRUE COPY OF THE NOTICE DATED 6.3.2023 OF THE ORDER
DATED 23.2.2023 PASSED BY THE COURT BELOW SERVED ON THE
JUDGEMENT DEBTOR
13-04-2023 /True Copy/ Assistant Registrar
