Siyavudeenkabeerkutty vs Nikhil Mercantile Pvt. Ltd
2024 Latest Caselaw 5929 Ker

Kerala High Court

Siyavudeenkabeerkutty vs Nikhil Mercantile Pvt. Ltd on 23 February, 2024

Author: Devan Ramachandran

Bench: Devan Ramachandran

OP(ICA) No.2/2023                           1/2

                         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                         PRESENT
                      THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
                Friday, the 23rd day of February 2024 / 4th Phalguna, 1945
                          IA.NO.1/2024 IN OP(ICA) NO. 2 OF 2023
   APPLICANT/IST RESPONDENT:

           NIKHIL MERCANTILE PVT. LTD., PRESENTLY KNOWN AS VALENCY AGRO PVT.
           LTD., P AND T COLONY,2F/546/1,SARADHA NAGAR, TEACHERS COLONY,
           THOOTHUKUDI(TUTICORIN), TAMILNADU 628008- INDIA REP. BY ITS
           AUTHORISED SIGNATORY.

   RESPONDENTS/PETITIONER & RESPONDENTS 2 TO 10:

      1. SIYAVUDEENKABEERKUTTY, S/O. KABEERKUTTY, PROPRIETOR, M/S.
         AFRASCASHEW TRADERS, ERAPPANCHAL, MANGAD, KOLLAM, KERALA, PIN -
         691015
      2. MEDITERRANEAN SHIPPING COMPANY S.A., 12-14,CHEMINRIEU, 1208 GENEVA,
         SWITZERLAND. REP. BY ITS MANAGING DIRECTOR.
      3. MSC AGENCY INDIA PVT. LTD., FIRST FLOOR, MANICKAM TOWER, 146,
         PALAYAMKOTTAI ROAD, THOOTHUKUDI (TUTICORIN). REP. BY ITS MANAGING
         DIRECTOR.
      4. MAERSK LINE MAERSK HOUSE NO. 185/186, PALAYAMKOTTAI, HIGH ROAD, WEST
         TUTICORIN, HO TUTICORIN-628 002, TAMILNADU, REP. BY ITS MANAGING
         DIRECTOR.
      5. VALENCY INTERNATIONAL PVT. LTD 10 ANSON ROAD, 1826, INTERNATIONAL
         PLAZA, SINGAPORE, 079903, REP. BY ITS MANAGING DIRECTOR.
      6. ORRIX EXIM PVT LIMITED, 3RD FLOOR, 4 F,313, CANAL SREET, NORTH 24,
         PARGANAS KOLKATA,WEST BENGAL,700048. REP. BY ITS MANAGING DIRECTOR.
      7. THE ASSISTANT COMMISSIONER OF CUSTOMS (IMPORT SECTION), CUSTOM
         HOUSE, NEW HARBOUR ESTATE TUTICORIN-628004, TAMILNADU.
      8. THE BOARD OF TRUSTEES, V.O. CHIDAMBARANAR PORT TRUST, TUTICORIN,
         TAMILNADU-682004 REPRESENTED BY ITS CHAIRMAN .
      9. ANSARI NOORUDHEEN, ANSARI MANZIL, VADAKKEVILA PO, KOLLAM-691010
     10. HARI & COMPANY, 4/29 E, MADHURAI BYEPASS ROAD, TUTICORIN-628006,
         TAMIL NADU. REPRESENTED BY ITS MANAGING DIRECTOR.

        Application praying that in the circumstances stated in the
   affidavit filed therewith the High Court be pleased to release the
   original bank guarantee dated 27.06.2023 drawn in ICICI Bank by the
   applicant herein in favour of the Registrar General, High Court of Kerala,
   Ernakulam, in the interest of justice.
        This Application coming on for orders upon perusing the application
   and the affidavit filed in support thereof, upon perusing this Court's
   Judgment dated 03.10.2023 and upon hearing the arguments of M/S. Laya Mary
   Joseph, AJAY BEN JOSE, Advocates for the applicant in IA/first respondent
   in OP(ICA) and of M/S.P.C.HARIDAS, P.S.GOVIND Advocates for the first
   respondent in IA/petitioner in OP(ICA), the court passed the following:
 OP(ICA) No.2/2023                          2/2



                                      ORDER

I see no reason for this Court to issue orders in this I.A. because the directions in the judgment of this Court dated 03.10.2023 is self explanatory. If the time frame therein has expired, then certainly consequential action will have to follow because the bank guarantee may not be alive beyond the said period. It is so clarified.

                                             Sd/- DEVAN RAMACHANDRAN JUDGE




23-02-2024                   /True Copy/                             Assistant Registrar