Hycount Marketing Division vs Dhani Loans & Services Limited ...
2024 Latest Caselaw 17319 Ker

Kerala High Court

Hycount Marketing Division vs Dhani Loans & Services Limited ... on 20 June, 2024

Author: N. Nagaresh

Bench: N.Nagaresh

WP(C) No.14832/2024                     1/3                       Order Date : 20-06-2024

                      IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                        THE HONOURABLE MR.JUSTICE N.NAGARESH
             Thursday, the 20th day of June 2024 / 30th Jyaishta, 1946
                              WP(C) NO. 14832 OF 2024
   PETITIONERS:

      1. HYCOUNT MARKETING DIVISION, VI/410, 1, PARK AVENUE TEMPLE RD, ALUVA,
         ERNAKULAM,REPRESENTED BY ITS MANAGING PARTNER,MANADATH HABEEB
         HINSAF, PIN - 683101
      2. MANADATH HABEEB HINSAF, AGED 36 YEARS MANAGING PARTNER, HYCOUNT
         MARKETING DIVISION,VI/410, 1, PARK AVENUE TEMPLE RD,ALUVA,
         ERNAKULAM, PIN - 693101
      3. FATHIMA AYSHA, AGED 29 YEARS PARTNER, HYCOUNT MARKETING
         DIVISION,VI/410, 1, PARK AVENUE TEMPLE RD,ALUVA, ERNAKULAM, PIN -
         683101

   RESPONDENTS

      1. DHANI LOANS & SERVICES LIMITED (FORMERLY INDIABULLS IVL LTD.), REGD.
         OFFICE,L/1E, 1ST FLOOR, EAST PATEL NAGAR, NEW DELHI - 110 008 WITH
         ITS BRANCH OFFICE AT CORP. OFFICE, ONE INTERNATIONAL CENTRE, TOWER
         1, 4 TH FLOOR. S. B. MARG, ELPHINSTONE (W), MUMBAI ,REPRESENTED BY
         ITS MANAGING DIRECTOR, PIN - 400013
      2. AUTHORIZED OFFICER, DHANI LOANS & SERVICES LIMITED,(FORMERLY
         INDIABULLS IVL LTD.),REGD. OFFICE, L/1E, 1ST FLOOR, EAST PATEL
         NAGAR, NEW DELHI - 110 008,WITH ITS BRANCH OFFICE AT CORP. OFFICE
         ONE INTERNATIONAL CENTRE,TOWER 1, 4 TH FLOOR. S. B. MARG,
         ELPHINSTONE (W), MUMBAI , PIN - 400013
      3. BABILU BABY, ADVOCATE COMMISSIONER IN MC 978/2023,M/S C K
         ARAVINDAKSHA MENON ASSOCIATES, GOVIND BUILDING, M G ROAD, KOCHI ,
         PIN - 682016

        Writ petition (civil) praying inter alia that in the circumstances
   stated in the affidavit filed along with the WP(C) the High Court be
   pleased to stay all the further proceedings pursuant to exhibit p9 notice
   & p10 sale notices, including taking of possession by the 3rd respondent
   Advocate Commissioner and sale by the 1st & 2nd respondents till disposal
   of the above writ petition, in the interest of justice.
        This petition coming on for orders upon perusing the petition and
   the affidavit filed in support of WP(C) and upon hearing the arguments of
   M/S A.KUMAR (SR.) & JOB ABRAHAM, Advocates for the petitioners, M/S MADHU
   RADHAKRISHNAN, NELSON JOSEPH, M.D.JOSEPH & DEEPAK ASHOK KUMAR Advocates
   for R1 & R2, the court passed the following:
 WP(C) No.14832/2024                              2/3                              Order Date : 20-06-2024




                                        N. NAGARESH, J.
                                        ----------------------------
                                    W.P.(C) No.14832 of 2024
                             --------------------------------------------------
                               Dated this the 20th day of June, 2024


                                              ORDER

Interim order is extended by two months.

Post on 19.08.2024.

Sd/-

N. NAGARESH JUDGE SR WP(C) No.14832/2024 3/3 Order Date : 20-06-2024

APPENDIX OF WP(C) 14832/2024 Exhibit P1 TRUE COPY OF CERTIFICATE OF INSURANCE NO. PP000206011ZL DATED 14.05.2018 Exhibit P2 TRUE COPY OF THE PASSPORT COPY OF THE MANADATH HABEEB HINFAS Exhibit P3 TRUE COPY OF THE JUDGMENT DATED 02.11.2022 IN WPC NO.

22329 OF 2022 Exhibit P4 TRUE COPY OF THE JUDGEMENT IN CONTEMPT PETITION NO. 595 OF 2023 DATED:25/05/2023 Exhibit P5 TRUE COPY OF LETTER DATED 10.04.2023 ISSUED BY HDFC LIFE INSURANCE LIMITED Exhibit P6 TRUE COPY OF THE WRIT PETITION NO. 23466 OF 2023 PRESENTED ON 18/07/2023 (WITHOUT EXHIBITS) Exhibit P7 TRUE COPY OF THE COUNTER-AFFIDAVIT FILED BY 1ST RESPONDENT HEREIN IN WPC NO. 23466 OF 2023 PRESENTED ON 16/08/2023 Exhibit P8 TRUE COPY OF THE EMAIL DATED 08.07.2023 Exhibit P9 TRUE COPY OF THE NOTICE ISSUED BY THE ADVOCATE COMMISSIONER DATED:19/03/2024 Exhibit P10 TRUE COPY OF THE SALE NOTICE DATED 28.03.2024 ISSUED BY 2ND RESPONDENT