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2023 Supreme(Online)(KER) 16779

HIGH COURT OF KERALA
C.S. DIAS, J
T. SHAJI
– Appellant
Versus

MARATH ENTERPRISES & CRUSHERS PVT. LTD. – Respondent


Advocates:
MANU VYASAN PETER, P.B. KRISHNAN, SABU GEORGE, SANTHEEP ANKARATH, P. ANIRUDHAN

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.

4. Sri.P.B. Krishnan, vehem

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