The Kerala State Cashew Development ... vs Bismi Cashew Company
2024 Latest Caselaw 10990 Ker

Kerala High Court

The Kerala State Cashew Development ... vs Bismi Cashew Company on 12 April, 2024

Author: Anil K.Narendran

Bench: Anil K.Narendran

Coml.A No.3/2022                                 1/1

                          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                          PRESENT
                        THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
                                             &
                       THE HONOURABLE MR. JUSTICE HARISANKAR V MENON
                   Friday, the 12th day of April 2024 /23rd Chaithra, 1946
                            IA.NO.1/2023 IN COML.A NO. 3 OF 2022

                          CS 95/2020 OF COMMERCIAL COURT , KOLLAM

   PETITIONER/APPELLANT/DEFENDANT IN THE LOWER COURT:

           THE KERALA STATE CASHEW DEVELOPMENT CORPORATION LTD., CASHEW HOUSE,
           PB NO.13, MUNDAKKAL, KOLLAM - 691001, REPRESENTED BY ITS MANAGING
           DIRECTOR

   RESPONDENTS/PLANTIFFS IN THE LOWER COURT:

       1. M/S.BISMI CASHEW COMPANY , A PARTNERSHIP FIRM, MANGADU P.O.,
          KILIKOLLOOR, KOLLAM, REPRESENTED BY ITS MANAGING PARTNER SRI SHIYAS
          HUSSAIN.
       2. SHIYAS HUSSAIN, S/O AHAMMED HUSSAIN,AGED 41, MANAGING PARTNER, M/S.
          BISMI CASHEW COMPANY, A PARTNERSHIP FIRM, MANGADU P.O., KILIKOLLOOR,
          KOLLAM, AND RESIDING AT THANAL, TKMC P.O., KARICODE, KOLLAM .
       3. AHAMED HUSSAIN, AGED 73 YEARS, S/O ABDUL KHADER MUSALIAR, RESIDING
          AT SHIYA COTTAGE, TKMC P.O, KARICODE, KOLLAM.ON APPEAL FROM THE
          COMMERCIAL COURT, KOLLAM -C.S.NO.95/2020.

        Application praying that in the circumstances stated in the
   affidavit filed therewith the High Court be pleased to stay the operations
   and implementations of the judgment and Decree dated 31/3/2021 passed in
   C.S No.95/2020 by the Commercial Court during the pendency of this Appeal
   in the interest of justice.

        This Application again coming on for orders upon perusing the
   application and the affidavit filed in support thereof and this Court's
   order dated 09/02/2024 and upon hearing the arguments of M/S.VIPIN
   P.VARGHESE, Standing Counsel, KERALA STATE CASHEW DEVELOPMENT CORPORATION
   LTD., ROWENA COLETTE DIAS, KEVIN MATHEW GEORGE, ADARSH MATHEW, MEERA ELSA
   GEORGE, C.ANCHALA, Advocates for the petitioner and SRI.ARUN
   BABU, Advocate for the respondents, the court passed the following:

                                            ORDER

Interim order is extended by two months.

Sd/- ANIL K. NARENDRAN, JUDGE

Sd/- HARISANKAR V MENON, JUDGE

12-04-2024 /True Copy/ Assistant Registrar