Kerala High Court
Kgs Nelsun Mill Ltd vs Mr. Jomon George on 30 October, 2024
O.P(C) No.1262 of 2024 1
2024:KER:80991
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
WEDNESDAY, THE 30TH DAY OF OCTOBER 2024 / 8TH KARTHIKA, 1946
OP(C) NO. 1262 OF 2024
AGAINST THE ORDER DATED 08.09.2016 IN IA 1847/2016 IN OS
NO.418 OF 2022 OF MUNSIFF COURT,ALUVA
PETITIONERS/RESPONDENTS/DEFENDANTS
1 KGS NELSUN MILL LTD
(FORMERLY M/S.KOCHIN KAGAS LTD) KARUKUTTY P.O.,
ANGAMALY, ERNAKULAM DISTRICT - ,
REP.BY ITS MANAGING DIRECTOR MR.N.C.RAVIKUMAR,
PIN - 683576
2 N.C. RAVIKUMAR
MANAGING DIRECTOR, KGS NELSUN MILL LTD
(FORMERLY M/S.KOCHIN KAGAS LTD) KARUKUTTY P.O.,
ANGAMALY, ERNAKULAM DISTRICT -, PIN - 683576
3 KGS NELSUN MILL LTD,(FORMERLY M/S.KOCHIN KAGAS LTD)
KGS CORPORATE OFFICE,NO.43,BEWABT /AVENUE ROAD,
ADAYAR, CHENNAI - REPRESENTED BY ITS
MANAGING DIRECTOR N.C. RAVIKUMAR, PIN - 600020
4 N.C. RAVIKUMAR
MANAGING DIRECTOR, KGS NELSUN MILL LTD
(FORMERLY KOCHIN KAGAS LTD) KGS CORPORATE HOUSE,
NO.43, BESANT AVENUE ROAD, ADAYAR, CHENNAI -,
PIN - 600020
BY ADVS. K.S.BHARATHAN
P.MURALEEDHARAN (IRIMPANAM)
RESPONDENT/PETITIONER/PLAINTIFF:
MR. JOMON GEORGE
AGED 45 YEARS
PROPRIETOR, ANN'S TRADERS, VIP SHOPPING COMPLEX ROAD,
NEAR JUMA MASJID, KALADY -, PIN - 683574
THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 30.10.2024,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P(C) No.1262 of 2024 2
2024:KER:80991
VIJU ABRAHAM, J.
.................................................................
O.P(C) No.1262 of 2024
.................................................................
Dated this the 30th day of October, 2024
JUDGMENT
In the nature of the order I propose to pass, I am of the view that service
of notice to the respondent could be dispensed with.
2. The application filed by the petitioners for lifting the attachment has
been dismissed as per Ext.P9 for the reason that the petitioners have failed to
show cause or to furnish security to effectuate the lifting of attachment order.
Learned counsel for the petitioners submits that at that point of time the
petitioners were not in possession of necessary fund to furnish security and that
they are now prepared to do so. If that be so, it is for the petitioners to move the
trial court in that regard.
Now the petitioners submit that they are ready to furnish security and it is
only due to the failure on their part to furnish security that the petition has
been dismissed. Therefore, I set aside Ext.P9 and direct the Munsiff's Court,
Aluva to reconsider Ext.P6 application afresh with notice to the respondent
and pass orders thereon in accordance with law.
Original petition is disposed of above.
Sd/-
VIJU ABRAHAM
JUDGE
cks
2024:KER:80991
APPENDIX OF OP(C) 1262/2024
PETITIONER EXHIBITS
Exhibit :P1 TRUE COPY OF THE PLAINT IN O.S.NO.426
OF 2016 (NOW O.S.NO.418 OF 2022) DATED
08.09. 2016 ON THE FILE OF THE COURT OF
MUNSIFF, ALUVA
Exhibit :P2 TRUE COPY OF THE ATTACHMENT SCHEDULE
DATED 09.09, 2016
Exhibit :P3 TRUE COPY OF THE DECREE DATED
09.09.2016 PASSED BY THE MUNSIFF COURT
Exhibit :P4 TRUE COPY OF THE OBJECTION DATED NIL.
Exhibit:P 5 TRUE COPY OF THE WRITTEN STATEMENT
Exhibit :P6 TRUE COPY OF THE AFFIDAVIT AND PETITION
(FORMERLY OS 426/2016) DATED 25.09.2023
Exhibit:P 7 TRUE COPY OF THE OBJECTION FILED BY IA
2/2023 IN OS 418/2022 DATED 15.11.2023
Exhibit:P 8 TRUE COPY OF JUDGMENT IN OP(C) 711/2024
DATED 19.03.2024
Exhibit :P9 TRUE COPY OF THE ORDER I.A.NO.2 OF 2023
IN I.A.NO.1847 OF 2016 IN O.S.NO.418 OF
2022 DATED 11.4.2024 MUNSIFF COURT
ALUVA
