IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 5TH MARCH 2009 / 14TH PHALGUNA 1930 WP(C).No. 7097 of 2009(O) I.A.NOS.4277/2008 AND 4278/2008 IN O.S.NO.888/2008 ON THE FILE OF THE PRINCIPAL SUB COURT, KOLLAM. PETITIONER: --------------- JAISON G.OOMMEN, S/O.LATE GEEVARGHESE OOMMEN, AGED 30 YEARS, VAROOR MADATHILAZHIKATHU VEEDU, PUTHOOR, KOLLAM. BY ADV. SRI.P.B.SURESH KUMAR RESPONDENTS: --------------- 1. M/S.BETHEL CASHEW COMPANY, PAZHANGALAM, NALLILA, KOLLAM, REPRESENTED BY ITS MANAGING PARTNER GEEVARGHESE. 2. M/S.BEFFY CASHEW COMPANY, CHANNAPETTAH P.O., KOLLAM, REPRESENTED BY ITS PROPRIETOR BENNY GEORGE. 3. M/S.EISEN & BROTHERS (PTE) LTD., 108, MIDDLE ROAD, # 05-02, BRIGHT CHAMBERS, SINGAPORE - 188967, REPRESENTED BY ITS BRANCH MANAGER, M/S.EISEN & BROTHERS (PTE) LTD, BUILDING NO.XIV/1036, 136 MALAYALI SABHA LANE, THEVALLY, KOLLAM. 4. COCHIN PORT TRUST, WILLINGTON ISLAND, ERNAKULAM. R1 AND R2 BY SENIOR ADVOCATE SRI.V.CHITAMBARESH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/03/2009, ALONGWITH W.P.(C) NOS.7172 AND 7114 OF 2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ W.P.(C) NOs. 7097, 7172 and 7114 OF 2009 ------------------------------------------------------ Dated this the 5th March, 2009 JUDGMENT Petitioners in all these three cases are brothers and the respondents are the same. Since the contentions in all these cases being similar, these Writ Petitions are being disposed of by this common judgment. Senior Advocate Sri.V.Chitambaresh appears for respondents 1 and 2. It is not necessary to issue notice to the third respondent, in the manner in which I propose to dispose of the Writ Petitions. 2. The petitioners instituted O.S.Nos.888 of 2008, 889 of 2008 and 890 of 2008, on the file of the Court of the Subordinate Judge of Kollam, against the third respondent for realisation of money of Rs.85,75,000/-. Rs.60,02,500/- and Rs.60,02,500/- respectively. Cashew belonging to the third respondent and which was shipped by the third respondent to Cochin Port was attached before judgment at the instance of the petitioners. Respondents 1 and 2 filed claim petitions before the trial court. According to respondents 1 and 2, W.P.(C) Nos.7097, 7114 & 7172 OF 2009 :: 2 :: they have purchased the cashew and that the cashew belongs to them. Two sets of applications were filed in all the three suits by respondents 1 and 2 separately. Those applications were disposed of by two common orders by the court below on 2.3.2009 and the attachment was lifted. It is stated that the petitioners intend to file appeals against the orders passed by the court below. But, they have not received the certified copy/carbon copy of the orders. Adv. Sri.P.B.Suresh Kumar submits that the apprehension of the petitioners is that before they could move the appellate court and apply for stay, the respondents may get the cashew released from the Cochin Port. 3. The relief prayed for in the Writ Petitions is to direct the Sub Court, Kollam to issue certified copies of the orders and to stay the operation and implementation of the orders passed by the court below till the copies of the orders are issued and for a further period of seven days thereafter. 4. Senior Advocate Sri.V.Chitambaresh, appearing for respondents 1 and 2, opposed the prayer made by the petitioners. He contended that huge amount is being paid as demurrage every W.P.(C) Nos.7097, 7114 & 7172 OF 2009 :: 3 :: day on account of non-releasing of the cashew from the Cochin Port. It is also submitted that respondents 1 and 2 are entitled to get the goods released, which are perishable in nature, and the court below was justified in allowing the claim petitions. 5. It is not necessary to go into the contentions put forward by the parties on the merits of the cases. It is not disputed that the court below has not issued certified copies/carbon copies of the orders to the petitioners. If the goods are released, even before a reasonable opportunity is afforded to the petitioners to challenge the order passed by the court below, it will result in injustice. The petitioners have every right to approach the appellate court and seek for appropriate reliefs. For the aforesaid reasons, the Writ Petitions are disposed of as follows: a) The Sub Court, Kollam shall issue certified copies/carbon copies of the orders dated 2.3.2009 in I.A.Nos.4277 of 2008, 4278 of 2008, 4279 of 2008, 4280 of 2008, 4281 of 2008 and 4282 of 2008 in O.S.Nos.888 of 2008, 889 of 2008 and 890 of W.P.(C) Nos.7097, 7114 & 7172 OF 2009 :: 4 :: 2008 respectively to the respective petitioner, on or before 11.3.2009. b) The operation and implementation of the said orders shall remain suspended till 17.3.2009. c) It is made clear that I have not expressed any opinion on the merits of the contentions put forward by the parties. (K.T.SANKARAN) Judge ahz/