Appeal against dismissal of an attachment application in a suit for recovery of money, where the cheque was said to belong to a company not joined as defendant. The court disposed of the appeal directing the appellant to pursue impleadment before the trial court and then move afresh for attachment.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
THURSDAY, THE 14TH DAY OF MARCH 2024 / 24TH PHALGUNA, 1945
FAO NO. 7 OF 2024
AGAINST THE ORDER/JUDGMENT DATED 20.10.2023 IN IA NO.1/2023 IN OS NO.17 OF 2023 OF ADDITIONAL SUB COURT, KOLLAM
APPELLANT/PETITIONER/PLAINTIFF:
HARSHAD M, AGED 48 YEARS S/O MUHAMMED ASHRAF SHOBHA MANZIL, VELLAYITTAMBALAM, KAVANADU P.O, KOLLAM, PIN - 691003
BY ADVS. P.MARTIN JOSE M.A.MOHAMMED SIRAJ P.PRIJITH
RESPONDENT/RESPONDENT/DEFENDANT:
JOHN JOSE MATHEW, AGED 48 YEARS S/O JOHN, MELEVEETTIL, ERAM, KARAMCODE P.O, MEENADU VILLAGE, CHATHANNOOR, KOLLAM-, PIN - 691579
BY ADV BIJU C ABRAHAM
THIS FIRST APPEAL FROM ORDERS HAVING COME UP FOR ADMISSION ON 14.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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T.R. RAVI, J.
F.A.O. No.7 of 2024
Dated this the 14 th day of March, 2024
JUDGMENT
The appeal has been filed against order dated 20.10.2023 in I.A.No.1/2023 in O.S.No.17/2023 on the file of the Additional Sub Court, Kollam. The suit was filed by the appellant for realisation of an amount of ₹26,72,300/- and the defendant was the Managing Director of M/s.LM Properties. The respondent entered appearance and contended that he had not borrowed the amount of ₹55,00,000/from the appellant and that he had not issued a cheque for ₹26,28,000/-. It is contended that the cheque pertains to the account of the company named LM Properties Pvt. Ltd. and that the appellant had no case that there was any transaction between the appellant and the Private Limited Company. The trial court dismissed the application seeking order of attachment since the company has not been arrayed as a defendant in the case. Pending this appeal, the appellant has filed an application for impleading the Private Limited Company in the suit. The copy of the application numbered as I.A.No.11/2024 has been produced as Annexure A in this appeal. The
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counsel for the respondent submits that the objection has already been filed to the said I.A.
In the above circumstances, this appeal is disposed of directing the appellant to move the application for impleadment before the trial court. The trial court shall consider and pass orders on the application for impleading after considering the objection filed by the respondent also. Depending on the order that is to be issued on the application for impleadment, the appellant is free to move fresh application for attachment.
Sd/-
T.R. RAVI JUDGE
Pn
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APPENDIX OF FAO 7/2024
PETITIONER'S ANNEXURES
ANNEXURE A TRUE COPY OF THE IMPLEADING PETITION FILED AS I.A NO. 11 OF 2024 IN OS NO. 17 OF 2023
1 issue framed by the court
Whether the trial court's dismissal of the attachment application should be revisited given the appellant's application to implead LM Properties Pvt. Ltd. in the suit.
HARSHAD M
JOHN JOSE MATHEW
T.R.RAVI
As recorded by the court registry
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