IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 24TH JULY 2007 / 2ND SRAVANA 1929 OP.No. 17838 of 1995(W) ----------------------------------- PETITIONER: ------------------- THE CATHOLIC SYRIAN BANK LTD., A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956 WITH ITS HEAD OFFICE AT TRICHUR AND BRANCHES AT MANGALORE, ERNAKULAM AND OTHER PLACES, REP. BY CHIEF MANAGER (LAW) SRI. M.C. CHERIAN. BY ADV. SRI.V.O.JOHN RESPONDENTS: ------------------------- 1. M/S. EAGLE DISTILLARIES (P) LTD., A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956, WITH ITS REGISTERED OFFICE AT 8/21A, MAIN ROAD, GANGENHALLI, BANGALORE- 560 032, REP. BY MANAGING DIRECTOR SRI. K.T.ABRAHAM. 2. AIR CMDE.K.T.ABRAHAM, MANAGING DIRECTOR, EAGLE DISTILLARIES PVT.LTD., REGISTERED OFFICE AT 8/21A, MAIN ROAD, GANGENHALLI, BANGALORE -560 032. 3. THE KERALA STATE BEVERAGES (MANUFACTURING AND MARKETING CORPORATION) LTD., TRIVANDRUM BY ITS MANAGING DIRECTOR. 4. THE STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY TO THE STATE, SECRETARIAT, TRIVANDRUM. BY ADV. SRI.C.J.BALAKRISHNAN SRI.K.P.DANDAPANI THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 24/07/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON C.M.P.NO.32398/1995 IN O.P.NO.17838/1995 W DISMISSED 24/07/2007 SD/- THOTTATHIL B.RADHAKRISHNAN,JUDGE APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE AGREEMENT DTD. 10/07/85 ALONG WITH THE STOCK STATEMENT. EXT.P2: COPY OF THE STOCK STATEMENT DTD. 18/03/1989. EXT.P3: COPY OF THE LETTER DTD. 2/02/94 ISSUED BY THE BANK TO THE 3RD RESPONDENT. EXT.P4: COPY OF LETTER DTD. 24/10/94 ISSUED BY THE BANK TO THE 3RD RESPONDENT. /TRUE COPY/ P.A.TO JUDGE Kss THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- O.P.No.17838 OF 1995 ------------------------------------------- Dated this the 24th day of July, 2007 JUDGMENT Ext.P2 is an open loan stock statement which shows that various commodities of IMFL are held under hypothecation in a bonded warehouse. Petitioner seeks a direction to the third respondent to take possession of the IMFL detailed in Ext.P2, dispose it off and pay the proceeds to the petitioner. Having heard learned counsel for the petitioner and learned Government Pleader, this writ petition is disposed of directing that the third respondent will cause an inspection of the site, in relation to which Ext.P2 is issued, with the junction of a competent abkari officer and take appropriate action for disposal of the materials enlisted in Ext.P2, in accordance with law, on their being available for disposal. The petitioner is directed to produce a copy of this judgment before the competent abkari officer. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge kkb. ======================= THOTTATHIL B. RADHAKRISHNAN, J O.P.NO.17838 OF 1995 JUDGMENT 24TH JULY, 2007. =======================