The petitioner filed a writ petition opposing the seizure of machineries allegedly owned by the third respondent. The court made an interim order absolute but clarified the respondents' right to take further steps if they establish title.
The interim order restraining respondents from seizing machineries was made absolute.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
FRIDAY, THE 31ST DAY OF OCTOBER 2014/9TH KARTHIKA, 1936
WP(C).No. 11339 of 2005 (Y)
PETITIONER(S) :
AMRETHA MOTORS PVT LTD., REPRESENTED BY THE GENERAL POWER OF ATTORNEY HOLDER AND MANAGER, MR.PRAKASH C.K., S/O.KUNJHIKELU NAIR, AMRETHA MOTORS PVT LTD., SOUTH KODUVALLY, KOZHZIKODE.
BY ADV. SRI.T.B.SHAJIMON
RESPONDENT(S) :
1. THE NATIONAL SMALL INDUSTRIES CORPORATION, (A GOVERNMENT OF INDIA ENTERPRISES), S-67, G.C.D.A, COMMERCIAL COMPLEX, MARIN DRIVE, SHANMUGHAM ROAD, COCHIN-31.
2. THE SENIOR MANAGER, THE NATIONAL SMALL INDUSTRIES CORPORATION, (A GOVERNMENT OF INDIA ENTERPRISES), S-67, G.C.D.A, COMMERCIAL COMPLEX, MARINE DRIVE, SHANMUGHAM ROAD, COCHIN-31.
3. MR.JAYABALAN, S/O.SRI.GOVINDAN, “SRIGOVINDAM”, CHEVARAMBALAM P.O., CHAKATTU THAZHAM, NELLIKOD AMSZAM, CALILCUT.
R1 & R2 BY SRI.N.NAGARESH, A.S.G
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31-10-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Msd.
WP(C).No. 11339 of 2005 (Y)
APPENDIX
PETITIONER(S)' EXHIBITS
-------------------------------------
RESPONDENT(S)' EXHIBITS
| EXT.R2(1): | TRUE COPY OF THE HIRE PURCHASE AGREEMENT DATED 06.02.1989 ENTERED INTO BETWEEN SHRI.P.C.RAJAN AND NSIC. |
|---|---|
| EXT.R2(2): | TRUE COPY OF THE HIRE PURCHASE AGREEMENT DATED 06.02.1989 ENTERED INTO BETWEEN SHRI.P.C.RAJAN AND NSIC. |
| EXT.R2(3): | TRUE COPY OF THE HIRE PURCHASE AGREEMENT DATED 26.09.1992 ENTERED INTO BETWEEN SHRI.P.C.RAJAN AND NSIC. |
| EXT.R2(4): | TRUE COPY OF THE HIRE PURCHASE AGREEMENT DATED 26.09.1992 ENTERED INTO BETWEEN SHRI.P.C.RAJAN AND NSIC. |
| EXT.P2(5): | TRUE COPY OF THE HIRE PURCHASE AGREEMENT DATED 26.09.1992 ENTERED INTO BETWEEN SHRI.P.C.RAJAN AND NSIC. |
| EXT.P2(6): | TRUE COPY OF THE HIRE PURCHASE AGREEMENT DATED 26.09.1992 ENTERED INTO BETWEEN SHRI.P.C.RAJAN AND NSIC. |
| EXT.P2(7): | TRUE COPY OF THE HIRE PURCHASE AGREEMENT DATED 26.09.1992 ENTERED INTO BETWEEN SHRI.P.C.RAJAN AND NSIC. |
| EXT.P2(8): | TRUE COPY OF THE DECLARATION DATED 02.03.1995 GIVEN BY K.JAYAPALAN TO THE NSIC. |
//TRUE COPY//
P.A.TO JUDGE.
Msd.
A.MUHAMED MUSTAQUE, J.
=========================
W.P(C).No.11339 of 2005 Y
============================ Dated this the 31st day of October, 2014
JUDGMENT
This Writ Petition is filed by a private limited company. Petitioner's grievance in the Writ Petition is that the first and second respondents are attempting to seize the machineries from the premises of the petitioner. The third petitioner submits that the machineries belongs to him. There was an interim order by this Court.
The Writ Petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE.
Sbna/01/11/14
2 issues framed by the court
Whether the interim order preventing seizure of machineries should be made absolute.
Whether the third respondent has title or ownership over the seized machineries.
1 provisions across 1 enactments
AMRETHA MOTORS PVT LTD.
THE NATIONAL SMALL INDUSTRIES CORPORATION
THE SENIOR MANAGER, THE NATIONAL SMALL INDUSTRIES CORPORATION
MR.JAYABALAN
A.MUHAMMED MUSTAQUE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
