Asian Surya Udyog Pvt Ltd vs Evm Premium Cars India Pvt Ltd
2023 Latest Caselaw 1912 Ker

RFA No.27/2023                              1/2

                        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                        PRESENT
                     THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
                                           &
                    THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
            Wednesday, the 1st day of February 2023 / 12th Magha, 1944
                        IA.NO.1/2023 IN RFA NO. 27 OF 2023
                 OS 36/2016 OF SUB COURT SULTHANBATHERY, WAYANAD
   PETITIONERS/APPELLANTS/DEFENDANTS:

      1. M/S ASIAN SURYA UDYOG PVT LTD BUILDING NO.MP 1X423 A, B, C, D ,
         ASIAN SURYA BUILDINGS, VAZHAVATTA P.O, WAYANAD DISTRICT,PIN -
         673577 , REPRESENTED BY ITS MANAGING DIRECTOR JOSEKUTTY AUGUSTINE,
      2. ANTO AUGUSTINE, S/O.AUGUSTINE MOONGANANIYIL MATHAI, AGED 36 YEARS,
         RESIDING AT MOONGANANIYIL HOUSE, THRIKKAIPETTA P.O, VYTHIRI TALUK,
         EZHAMCHIRA, WAYANAD DISTRICT, PIN - 673577
      3. JOSEKUTTY AUGUSTINE, S/O. AUGUSTINE MOONGANANIYIL MATHAI, AGED 40
         YEARS, RESIDING AT MOONGANANIYIL HOUSE, THRIKKAIPETTA P.O., VYTHIRI
         TALUK, EZHAMCHIRA, WAYANAD DISTRICT, PIN - 673577

   RESPONDENT/RESPONDENT /PLAINTIFF:

          EVM PREMIUM CARS INDIA PVT LTD BUILDING NO V/127 NH BYPASS
          KANNADIKKADU, MARADU, ERNAKULAM, KOCHI 682304 REPRESENTED BY ITS
          AUTHORIZED SIGNATORY AND MANAGING DIRECTOR SABU JOHNY.

        Application praying that in the circumstances stated in the
   affidavit filed therewith the High Court be pleased to stay all further
   proceedings pursuant to Judgment in O.S No.36 of 2016 dated 30/08/2022 on
   the file of the Court of Learned Sub Judge of Sulthan Bathery, Wayanad.
        This Application coming on for orders upon perusing the application
   and the affidavit filed in support thereof, and upon hearing the arguments
   of SRI.M.P.ASHOK KUMAR, SMT.BINDU SREEDHAR, SRI.ASIF N, Advocates for the
   petitioners, the court passed the following:
                                      ORDER

There shall be a stay of execution of the impugned decree and judgment on condition that the appellants furnish security for the relief granted in the impugned decree and judgment to the satisfaction of the court below within a period of two months . Any property under attachment also can be offered as security.

Call for LCR.

Post on 2/03/2023.

                                                   Sd/- A.MUHAMED MUSTAQUE JUDGE

                                                  Sd/-   SHOBA ANNAMMA EAPEN JUDGE
 RFA No.27/2023                 2/2




01-02-2023       /True Copy/         Assistant Registrar