HIGH COURT OF KERALA
C.S. DIAS, J
T. SHAJI
– Appellant
Versus
MARATH ENTERPRISES & CRUSHERS PVT. LTD. – Respondent
JUDGMENT
The original petition is filed challenging Ext.P3 order passed in I.A. No.1/2022 in C.S. No.10/2022 by the Commercial Court, Ottappalam. The petitioner is the defendant and the first respondent is the plaintiff. The respondents 2 to 5 are not parties to the suit, but have been impleaded in the status of garnishee.
2. The relevant background facts leading to Ext.P3 order, are:-
(i) The first respondent has filed the above suit against the petitioner for recovery of money.
(ii) Along with the suit, the first respondent had filed I.A. No.1/2022 (Ext.P2), to direct the petitioner to furnish security for the suit claim and to order the respondents 2 to 5 not to disburse the funds that are payable to the petitioner.
(iii) The court below, by the impugned Ext.P3 order, has directed the respondents 2 to 5 not to release any amount due to the petitioner. Ext.P3 order is erroneous and unsustainable in law. Hence, the original petition.
3. Heard; Sri.P.B.Krishnan, the learned counsel appearing for the petitioner, Sri. Santheep Ankarath, the learned counsel appearing for the first respondent and the learned Government Pleader appearing for the respondents 2 to 5.
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