Kerala High Court
T.P Constructions vs M/S.Lee Builders on 11 April, 2024
Author: Kauser Edappagath
Bench: Kauser Edappagath
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
OP(C) NO. 874 OF 2024
CMA(ARB) NO.68 OF 2024 OF ASSISTANT SESSIONS
COURT/PRINCIPAL SUB COURT / COMMERCIAL COURT, ERNAKULAM
PETITIONER/PETITIONER:
T.P CONSTRUCTIONS
1ST FLOOR, AVM COMPLEX, CHIRANGARA,
KORATTY SOUTH P.O, THRISSUR-680308,
REPRESENTED BY ITS PROPRIETOR,
MR.T.P. VARGHESE, PIN - 680308
BY ADVS.
P.JINISH PAUL
SNEHA V.
RESPONDENTS/RESPONDENTS:
1 M/S.LEE BUILDERS
PMC VI/195 A, LEE GARDENS, M.C. ROAD,
PERUMBAVOOR, ERNAKULAM,
REPRESENTED BY ITS MANAGING PARTNER,
MR. BABU THOMAS.,
PIN - 683542
2 IDBI BANK LTD
PERUMBAVOOR BRANCH, PERUMBAVOOR,
REPRESENTED BY ITS BRANCH MANAGER,
PIN - 683542
3 STATE BANK OF INDIA
PERUMBAVOOR BRANCH, PERUMBAVOOR,
REPRESENTED BY ITS BRANCH MANAGER,
PIN - 683542
OP(C) NO. 874 OF 2024
- : 2 :-
BY ADVS.
SANTOSH KUMAR S
KIRAN M.S.
AMBILY S
REMESH KARTHA E.K.(K/2389/2022)
ROHITH R. KARTHA(D/9713/2021)
LISHA WILLIAM(K/001146/2018)
MATHEW JOSEPH BALUMMEL(K/001219/2019)
RUBAN JOE TONIYO(K/002926/2022)
K.K.CHANDRAN PILLAI (SR.)(C-41)
SRI.JITHESH MENON,SC
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
11.04.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
OP(C) NO. 874 OF 2024
- : 3 :-
JUDGMENT
The petitioner herein preferred C.M.A (Arb) No.68 of 2024
on the files of the Commercial Court-III, Ernakulam seeking
orders under Section 9 of the Arbitration and Conciliation Act,
1996 for securing the claim raised therein. The claim raised was
Rs.31,310,951/-. The Commercial Court instead issued urgent
notice to the 1st respondent. A conditional attachment of the
amount kept in the Bank accounts owned by the 1 st respondent
was also sought. But such a relief was not granted. Aggrieved by
the same, the petitioner has approached this Court.
2. I have heard both sides.
3. It is submitted that the case stands posted at the
Commercial Court on 22.05.2024 to consider Section 9
application.
4. The apprehension of the petitioner is that in the
meanwhile, the 1st respondent may withdraw the amount
OP(C) NO. 874 OF 2024
- : 4 :-
standing in their bank accounts.
Having heard both sides, this original petition is disposed
of with a direction to the 1st respondent to furnish security for
the amount of Rs.31,310,951/- to the satisfaction of the
Commercial Court or to show cause why he should not furnish
security on or before 22.05.2024. Thereafter, the Commercial
Court is directed to dispose of Section 9 application, in
accordance with law.
Sd/-
DR.KAUSER EDAPPAGATH, JUDGE
AS
OP(C) NO. 874 OF 2024
- : 5 :-
APPENDIX OF OP(C) 874/2024
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE PETITION IN
C.M.A(ARB).NO.68/2024 ON THE FILES OF
THE COMMERCIAL COURT-III, ERNAKULAM
EXHIBIT P2 TRUE COPY OF THE I.A.1/2024 IN
C.M.A(ARB).NO.68/2024 ON THE FILES OF
THE COMMERCIAL COURT-III, ERNAKULAM
EXHIBIT P3 TRUE COPY OF THE ATTACHMENT SCHEDULE IN
C.M.A(ARB).NO.68/2024 ON THE FILES OF
THE COMMERCIAL COURT-III, ERNAKULAM
EXHIBIT P4 TRUE COPY OF THE PROCEEDINGS IN EXT.P1
DATED 25.03.2024 DOWNLOADED BY THE
WEBSITE OF THE COMMERCIAL COURT-III,
ERNAKULAM
EXHIBIT P5 TRUE COPY OF THE PROCEEDINGS IN EXT.P2
DATED 25.03.2024 AVAILABLE IN THE E-
COURT WEBSITE IN COMMERCIAL COURT-III,
ERNAKULAM
RESPONDENT EXHIBITS:
EXHIBIT R1(A) TRUE COPY OF THE NOTICE OF ARBITRATION
NOTICE DATED 31.10.2023 ISSUED BY THE
PETITIONER TO THE 1ST RESPONDENT
EXHIBIT R1(B) TRUE COPY OF THE FINAL BILL DATED
19.03.2020 ISSUED BY THE PETITIONER TO
THE 1ST RESPONDENT
EXHIBIT R1(C) TRUE COPY OF THE NOTICE OF ARBITRATION
NOTICE DATED 05.03.2024 ISSUED BY THE
PETITIONER TO THE 1ST RESPONDENT
