City Union Bank Ltd vs Indus Ind Bank Ltd
2023 Latest Caselaw 3717 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                   THE HONOURABLE MRS. JUSTICE M.R.ANITHA
         Wednesday, the 29th day of March 2023 / 8th Chaithra, 1945
                    IA.NO.1/2023 IN RSA NO. 893 OF 2020
           OS 122/2014 OF PRINCIPAL MUNSIFF COURT-I, KOZHIKODE-I
                 AS 3/2020 OF PRINCIPAL SUB COURT,KOZHIKODE
PETITIONER/APPELLANT:

     CITY UNION BANK LTD., KOZHIKODE BRANCH,PUTHIYARA, KOZHIKODE,673004,
     REPRESENTED BY ITS MANAGER BASHEER M.,S/O.MUHAMMED IBRAHAM,AGED 37
     YEARS,

RESPONDENTS/RESPONDENTS:

  1. INDUS IND BANK LTD., HUDA MARKET BRANCH, FIRST FLOOR, SCO NO.29,
     SECTOR -15, PART II, HUDA MARKET GURUGRAM, HARYANA - 122007,
     REPRESENTED BY ITS P.A HOLDER, JAYARAJAN K.V., S/O. BHASKARAN.
  2. INDUS IND BANK LTD, FRAUDS AND SURVEILLANCE CELL, GBO, BUILDING NO.
     7, GURU HARGOVIINDJI MARG, ANDHERI(EAST), MUMBAI - 400093,
     REPRESENTED BY ITS P.A.HOLDER JAYARAJAN K.V., S/O. BHASKARAN,
  3. AKHILESH SINGH, S/O. RAMNATH SINGH, RESIDING AT HOUSE NO. 431, 1ST
     FLOOR, GREEN FILED COLONY, FARIDABAD, HARYANA - 121010.
  4. MINAR ISPAT PVT.LTD 13/180, ANAKUZHIKKARA, KUTTIKATOOR P.O,
     KOZHIKODE - 673008, REPRESENTED BY ITS MANAGING DIRECTOR.

     Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to direct the
respondents 1 and 2 not to release the amount of Rs.12,00,589/- in the
account of the 3rd respondent pending disposal of the Regular Second
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.PHILIP T.VARGHESE, THOMAS T.VARGHESE, ACHU SUBHA ABRAHAM,
V.T.LITHA, K.R.MONISHA,SHRUTHI SARA JACOB, Advocates for the petitioner
and of M/S.V.V.SURENDRAN, MATHEW PAUL, ANUSREE.C Advocates for the 4th
Respondent, the court passed the following:
                                         M.R.ANITHA, J.
                                 ----------------------------------------
                                     R.S.A. No.893 of 2020
                                -----------------------------------------
                            Dated this the 29th day of March, 2023

                                               ORDER

Appeal admitted on the following substantial questions of law:

a) Is not the lower appellate Court erred in finding that the relief sought is incapable of execution as there is no prayer against the 3rd respondent?

b) Whether the judgment and decree passed by the 1 st Appellate Court is perverse due to mis-appreciation of evidence?

Issue notice to the respondents.

I.A. No.1 of 2023

Petition to direct the respondents 1 and 2 not to release the amount of

Rs.12,00,589/- in the account of the 3rd respondent pending the disposal of the

RSA.

Heard. Petition allowed. Respondents 1 and 2 is directed not to release

Rs.12,00,589/- in the account of the 3rd respondent.

Sd/-

M.R.ANITHA JUDGE SMF

29-03-2023 /True Copy/ Assistant Registrar