IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 13TH FEBRUARY 2008 / 24TH MAGHA 1929 WP(C).No. 5240 of 2008(W) ------------------------- AGAINST THE ORDER IN IA.191/08 IN OS.28/2008 of I ADDL.SUB COURT, KOZHIKODE .................... PETITIONERS/ RESPONDENTS 1 & 2 (DEFENDANTS): -------------------------------------------------------- 1. M/S. ZYNERGY, SUDARSAN BUILDINGS, 1/3683, OPP. HERO HONDA NADAKKAVU, CALICUT – 673011, A PARTNERSHIP FIRM REP. BY ITS MANAGING PARTNER, KACHERI AMSOM DESOM, KOZHIKODE. 2. FAIZAL EROTH, (WRONGLY DESCRIBED IN THE ORDER AS FAIZAL EDADATHU) M/S ZYNERGY, SUDARSAN BUILDINGS, 1/3683, OPP. HERO HONDA NADAKKAVU, CALICUT – 673011. BY ADV. SRI.C.P.MOHAMMED NIAS RESPONDENTS/ PETITIONER (PLAINTIFF) & RESPONDENT NO.3 (GARNISHEE): ------------- 1. M/S. H. & R. JOHNSON (INDIA) LTD. 14/51F, BISMI TOWERS, OPP. PUSHPA THEATRE, KALLAI ROAD, CALICUT -673002 REP. BY ITS ASSISTANT MANAGER, REGIONAL ACCOUNTS, M.V. UNNIKRISHNAN AGED 53 YEARS, S/O KESAVAN NAIR RESIDING AT A-3, PALLADIUM APARTMENTS ELAMAKKARA, COCHIN, ERNAKULAM DISTRICT. 2. THE AIRPORT AUTHORITY OF INDIA, REP. BY ITS DGM, MR. KURIAKOSE JOSE CALICUT INTERNATIONAL AIRPORT, CALICUT AIRPORT P.O., KARIPUR MALAPPURAM DIST. 673647. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- W.P.(C). NO. 5240 OF 2008 --------------------- Dated this the 13thday of February, 2008 JUDGMENT This writ petition is filed with a prayer to direct the Subordinate Judge, Kozhikode-1A, to keep in abeyance the enforcement of the order passed in IA 191/08 in OS 28/08. 2. A perusal of Ext.P3 would reveal that the court has passed an order directing the 3rd respondent therein from disbursing an amount of Rs.20 lakhs from the amount payable by the 3rd respondent to respondents 1 and 2, until further orders. 3. Learned counsel would contend that if such an order is implemented it will cause hardship to him and as he has taken contract for renovation of the International Air Port, Kozhikode, it may prejudicially affect him and therefore prays for keeping the said order in abeyance. Learned counsel would also submit that a direction be given to the Subordinate Judge to consider and dispose of the IA 191/08 in OS 28/08 after hearing his objections at the earliest. 4. So far as the first prayer is concerned, it cannot be done for the reason that virtually without hearing the other side this court WPC NO 5240/08 2 will be evicting the order passed by the court below. Therefore I do not propose to do so. As far as the second prayer is concerned, it appears to be reasonable and there are various modalities by virtue of which a plaintiff in a suit can be secured. Therefore, I direct the court below to consider IA 191/08 in OS 28/08 at the earliest and at any rate within two weeks from the date of receipt of a copy of this judgment. The writ petition is disposed of accordingly. Let the copy be issued urgently. M.N.KRISHNAN, JUDGE vps WPC NO 5240/08 3