IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR.JUSTICE S.SIRI JAGAN TUESDAY, THE 23RD DECEMBER 2008 / 2ND POUSHA 1930 FAO.No. 328 of 2008 --------------------- (against the order in I.A.No.1973 of 2008 in O.S.No.285 of 2008 dated 24.11.2008 of the Sub Court, Kochi-5) APPELLANT/1ST COUNTER PETITIONER/DEFENDANT --------------------------------------------------------- SITARAM ENGINEERING TECH CO.PVT.LTD., REPRESENTED BY ITS MANAGING DIRECTOR, 707, "ROHINI", OPPOSITE TO ANANTHAPURU HOSPITAL, BYEPASS ROAD, ENCHAKKAL, THIRUVANANTHAPURAM, KERALA. BY ADV. SRI.V.C.JAMES RESPONDENTS: PETITIONER/2ND COUNTER PETITIONER: ------------------------------------------------- 1. M/S.POPULAR LOGISTICS, CWC EXTENSION, GV IYYER ROAD, WILLINGTON ISLAND, KOCHI-3, REPRESENTED BY ITS PROPRIETOR, SRI.AUSTIN THOMAS. 2. CONSOLIDATED CONSTRUCTION CONSORTIUM LTD., REGIONAL OFFICE, TC 13/180, THULASI BHAVAN, NALUMUYKKU, PETTAH, THIRUVANANTHAPURAM 695 024. THIS FIRST APPEAL FROM ORDERS HAVING BEEN FINALLY HEARD ON 23/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN & S.SIRI JAGAN, JJ. --------------------------------------------------------------------- F.A.O.No.328 of 2008 --------------------------------------------------------------------- Dated this the 23rd day of December, 2008. J U D G M E N T THOTTATHIL B. RADHAKRISHNAN.J. The defendant, in a suit for money has filed this appeal challenging the order of attachment passed after notice. The first date of posting of the application for attachment was 22.11.2008. The Garnishee who is the 2nd counter petitioner in I.A. 1973/2008 is stated to have not appeared before the court below. Whatever be the reason, the impugned order requires reconsideration in as much as the court below has to give an opportunity of hearing to the defendant/appellant to consider whether the impugned order dated 24.11.2008 requires to be varied. The impugned order dated 24.11.2008 in I.A.1973/2008 is, therefore, ordered to be treated as a provisional order of attachment and the parties are directed to appear before the court below on 5.1.2009 so that the defendant can file counter affidavit and be for hearing even on that date. F.A.O disposed of accordingly. THOTTATHIL B. RADHAKRISHNAN, JUDGE S.SIRI JAGAN, JUDGE ab/24.12