Dammar Lines Ltd vs Omkar Commodities Ltd
2023 Latest Caselaw 1695 Ker

RFA No.145/2019                                 1/1

                        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                        PRESENT
                         THE HONOURABLE MR. JUSTICE P.SOMARAJAN
                  Friday, the 27th day of January 2023 / 7th Magha, 1944
                           IA.NO.3/2019 IN RFA NO. 145 OF 2019

                        OS 114/2013 OF PRINCIPAL SUB COURT,KOCHI

   PETITIONERS/APPELLANTS/DEFENDANTS:

      1. DAMMAR LINES LTD., P.O. BOX NO.2651, 4002 BASEL, SWITZERLAND
         REPRESENTED BY ITS AGENTS IN INDIA DHL LEMUIR LOGISTIC PVT. LTD.,
         24/1142 E, FIRST FLOOR, TEEPEETEM CENTRE, NAVAL ROAD, WILLINGDON
         ISLAND, COCHIN-682 003
      2. DHL LEMUIR LOGISTICS PVT. LTD., 24/1142 E, FIRST FLOOR, TEEPEETEM
         CENTRE, NAVAL ROAD, WILLINGDON ISLAND, COCHIN-682 003

   RESPONDENT/RESPONDENT/PLAINTIFF:

          OMKAR COMMODITIES LTD., 16B, KALYAN BAUG SOCIETY, OPP. DR.HEDGEWAR
          BHAVAN, BALIA KAKA ROAD, AHAMEDABAD-380028, REPRESENTED BY ITS
          DIRECTOR, SHAH BHAVIN


          Application praying that in the circumstances stated in the
   affidavit filed therewith the High Court be pleased to grant an interim
   stay of all proceedings pursuant to the decree and judgment in OS
   No.114/2013 on the file of Sub Court, Kochi-5 till the disposal of the
   above appeal.



          This Application coming on for orders upon perusing the application
   and the affidavit filed in support thereof, and upon hearing the arguments
   of M/S.V.B.UNNIRAJ, R.S.GEETHA, K.SEEMA, P.ANITHA, Advocates for the
   petitioners and of M/S.V.M.SYAM KUMAR, SNEHA RAJIV, KRIPA ELIZABETH
   MATHEWS, Advocates for the respondent, the court passed the following:

                                           ORDER

It is an application for grant of interim stay. Learned counsel for the appellants fairly submitted that they are prepared to furnish security for the decree amount, and as such, time is granted upto 02.02.2023 for furnishing security. On furnishing security, there will be an order of stay, as prayed for, till 15.02.2023.

Sd/- P.SOMARAJAN, JUDGE

27-01-2023 /True Copy/ Assistant Registrar