Disposed

M/S.Jay Raj Engineers and Contractors, v. Technip India Pvt. Ltd.

Kerala HC1 Jul 2019OP(C)/324/2019

Case brief

AI extract

What is this about?

The court disposed of an original petition challenging an order vacating attachment. Noting that liability depends on documentary evidence, the principal judge directed the lower court to dispose of the underlying suit within four months, maintaining the interim attachment during that period.

What did the court decide?

The original petition is disposed of with a direction to the lower court to take up and dispose of the OS No.19/2017 within four months of receipt of a copy of this judgment, and the interim order of

M/S.Jay Raj Engineers and Contractors, Vs… — Contract and Commercial Disputes | Kerala HC (2019)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE SUNIL THOMAS

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MONDAY, THE 01ST DAY OF JULY 2019 / 10TH ASHADHA, 1941

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OP(C).No.324 of 2019

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AGAINST THE ORDER in IA No.212/2017 IN OS 19/2017 of SUB COURT, PERUMBAVOOR

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PETITIONER/PLAINTIFF:

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M/S.JAY RAJ ENGINEERS AND CONTRACTORS, STAR APARTMENTS, B 43, TRIPUNITHURA, ERNAKULAM DISTRICT, KERALA, PIN 682 301,REPRESENTED BY ITS PROPRIETOR T.K.RAJAN.

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BY ADV. SRI.T.K.VIPINDAS

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RESPONDENT/RESPONDENTS 1 & 2 AND GARNISHEE/DEFENDANTS & GARNISHEE:

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1 TECHNIP INDIA PVT. LTD,

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TECHNIP TOWER, A-4 SECTOR 1, NOIDA-20130,UTTAR PRADESH,REPRESENTED BY ITS MANAGING DIRECTOR.

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2 TECHNIP INDIA PVT.LTD, SITE OFFICE, API HYCO KOCHI,PUTHENCHERRY VILLAGE, KANAYANNUR TALUK, REPRESENTED BY RESIDENT CONSTRUCTION MANAGER, C/O PRODAIR AIR PRODUCTS INDIA PVT LTD, BPCL KOCHI REFINERY, AMBALAMEDU P.O.ERNAKULAM DISTRICT, KERALA PIN 682 303

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3 PRODAIR AIR PRODUCTS INDIA PVT LTD, 0003/044,PENTAGON 2, MAGARPATTACITY, HADAPSAR, 411013,PUNE, MAHARASHTRA, REPRESENTED BY MANAGING DIRECTOR.

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4 PRODAIR AIR PRODUCTS INDIA PVT.LTD, HYCO KOCHI, BPCL KOCHI REFINERY, AMBALAMEDU P.O. ERNAKULAM DISTRICT, KERALA, PIN 682 303, REPRESENTED BY PROJECT MANAGER.

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BY ADVS. SRI.V.V.NANDAGOPAL NAMBIAR SRI.ALEX.M.SCARIA

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THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 01.07.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

OPC No.324/2019

JUDGMENT

Petitioner herein, who is the plaintiff in O.S.No.19/2017 of the Subordinate Court Perumbavoor, aggrieved by Ext.P5 order in IA No.212/2017 vacating the attachment, has approached this court.

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At the time of admission of this original petition, this court by an interim order dated 31/1/2019 directed the respondents 3 and 4 not to disburse an amount of Rs.3,76,63,753/- to respondents 1 and 2 herein.

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The learned counsel for the contesting respondents contended that the petitioner had pleaded discharge and as per the document produced by him, no amount is payable to the petitioner. It is further contended that huge amount is under attachment and hence, it causes great prejudice to his business.

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Having considered the rival contentions, I feel that since both the claim and the plea of discharge are essentially based on the documentary evidence, it will be worthwhile if both the parties go for trial at the earliest.

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In the above circumstances, I am inclined to dispose of the original petition itself with a direction that the court below shall take up and dispose of the OS No.19/2017 , as expeditiously as possible.

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It is now reported that the issues have been framed by the

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OPC No.324/2019

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court below. Having considered this, I am inclined to direct the court below to take up and dispose of the suit within four months from the date of receipt of a copy of this judgment. Interim order of attachment granted by this court will continue during the above period of four months or till the date on which the court will pass the judgment within the period of four months as directed above.

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The original petition is disposed of as above.

Sd/-

SUNIL THOMAS

JUDGE

dpk

OPC No.324/2019

APPENDIX

PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE PLAINT IN OS NO 19/2017 ON THE FILES OF SUBORDINATE COURT, PERUMBAVOOR. EXHIBIT P2 TRUE COPY OF THE IA NO 212/2017 EXHIBIT P3 TRUE COPY OF THE ORDER DATED 24.3.3017 IN IA NO 212/2017 EXHIBIT P4 TRUE COPY OF THE COUNTER AFFIDAVIT OF RESPONDENTS 1 AND 2 IN IA NO 212/2017 EXHIBIT P5 TRUE COPY OF THE ORDER DATED 4.1.2019 IN IA NO 212/2017

M/S.Jay Raj Engineers and Contractors, v. Technip India Pvt. Ltd.

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M/S.Jay Raj Engineers and Contractors, v. Technip India Pvt. Ltd.

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