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IN THE HIGH COURT OF KERALA AT ERNAKULAM
ZIYAD RAHMAN A.A., J
MUHAMMED HASHEER POOLAKKAL – Appellant
Versus
THE UNITED ARAB BANK P.J.S.C (UAB) – Respondent
| Table of Content |
|---|
| 1. court's power under chapter viia. (Para 1 , 5) |
| 2. history of default and prosecution. (Para 2 , 3) |
| 3. contention on authority to approach court. (Para 6 , 7) |
| 4. interpretation of chapter viia provisions. (Para 8 , 9) |
| 5. intent of the legislature and precedent. (Para 10 , 11) |
| 6. annexure a petition deemed not maintainable. (Para 12 , 13) |
C.R. ORDER
The petitioner herein is the respondent in C.M.P. No.50/2021 on the file of the Judicial First Class Magistrate Court - V, Kozhikode. The aforesaid C.M.P. was filed by the 1st respondent herein invoking the powers of the court under Chapter VIIA of the Code of Criminal Procedure, wherein the prayer sought was to initiate the proceedings for attachment of the properties of the petitioner herein. The crucial question that arises here is whether the powers of the court under the provisions of the said Chapter can be invoked based on an application submitted by an individual/establishment or is it necessary to submit a request in this regard by the Central Government.
2. The facts leading to the filing of this Crl. M.C. is as follows: The 1st respondent is a banking financial institution in Sharjah, U.A.E. The petitioner herein had
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