IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN FRIDAY, THE 5TH DECEMBER 2008 / 14TH AGRAHAYANA 1930 WP(C).No.35949 of 2008 (D) ---------------------------------- AGAINST THE ORDER IN I.A.5080/2008 IN OS.670/2008 of PRINCIPAL SUB COURT,ERNAKULAM .................... PETITIONER: PLAINTIFF: ------------------------------ M/S.HAZEL MERCANTILE LTD.,REG.OFFICE AT 181 ASOKA CENTRE,2ND FLOOR,G.T.HOSPITAL COMPLEX,LT ROAD,MUMBAI-400001 AND BR.OFFICE AT 2E/F CHURCHES SQUARE,BLOSSOM KOCHIN RD,ELAMKULAM,KADAVANTHRA P.O KOCHI-20,REP.BY ITS BRANCH IN CHARGE SRI.V.K.MOHANAN,AMBIKA SADANAM, ETTUMANOOR EAST,KOTTAYA BY ADV. SRI.V.M.KURIAN SRI.K.T.THOMAS SRI.C.N.SREEKUMAR RESPONDENT: DEFENDANT: --------------------------------- S.DASAN NAIR, DOOR NO.45/2160 L, KARSHAKA ROAD, VADUTHALA, ERNAKULAM, KOCHI-23. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P.BALACHANDRAN, J. ------------------------------------------------ W. P. C. No.35949 of 2008 ------------------------------------------------ Dated this the 5th day of December, 2008 JUDGMENT Heard the counsel for the petitioner. 2. It is submitted by the counsel for the petitioner that the court below which ordered conditional attachment of the immovable properties belonging to the respondent/ defendant has on filing of the written statement by the defendant lifted conditional attachment ordered vide I.A.5080/08 without the respondent furnishing security or showing sufficient cause and is retaining the I.A. on file without passing any orders and is being adjourned and this causes irreparable injury to the petitioner/Company. It is submitted that no final orders are passed on I.A.5080/08 and it is only that as per an endorsement on the proceedings paper attachment is lifted and W. P. C. No.35949 of 2008 -2- consequently, he is disabled from filing an appeal as well. In view of the submission and also being satisfied on seeing the plaint that is produced as Ext.P1 in this Writ Petition, I am of the view that the interim order of conditional attachment issued by the court below should not have been lifted. I direct the court below to effect conditional attachment forthwith of the properties already attached but subsequently released from attachment and to pass appropriate orders disposing of the attachment petition I.A. 5080/08 at the earliest. 3. This Writ Petition is disposed of with the above directions. The counsel for the petitioner shall produce a copy of this judgment in the court below forthwith. Issue copy of this judgment to the counsel for the W. P. C. No.35949 of 2008 -3- petitioner urgently. K.P.BALACHANDRAN, JUDGE kns/-