IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 1ST JULY 2008 / 10TH ASHADHA 1930 WP(C).No. 19810 of 2008(G) -------------------------- OS.299/2008 of M.C.,PATHANAMTHITTA .................... PETITIONER: SHYLAJA, PROPRIETRIX, M/S.CHIPPY BAKERS, KAIPPUZHA NORTH, KULANADA VILLAGE, PATHANAMTHITTA DISTRICT. BY ADV. SRI. D.KISHORE SMT. MEERA GOPINATH RESPONDENTS: 1. THE NATIONAL SMALL INDUSTRIES CORPORATION LTD., S-67, GCDA COMMERCIAL COMPLEX, MARINE DRIVE, SHANMUGHAM ROAD, COCHIN-682031, REPRESENTED BY ITS SENIOR MANAGER. 2. K.K.SURENDRANATHAN, AGED 50 YEARS, S/O. KRISHNAN UNNI MENON, SENIOR BRANCH MANAGER, THE NATIONAL SMALL INDUSTRIES CORPORATION LTD., S-67, GCDA COMMERCIAL COMPLEX, MARINE DRIVE, COCHIN. 3. THE CENTRAL BANK OF INDIA, CHENGANNUR BRANCH, CHENGANNUR REPRESENTED BY ITS SENIOR MANAGER. BY SRI. ADV. DEVAN RAMACHANDRAN- R3. SRI. ADV. MILLU DANDAPANI, SC-R1& R2. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.SASIDHARAN NAMBIAR, J. ........................................... WP(C).No. 19810 OF 2008 ............................................ DATED THIS THE 1st DAY OF JULY, 2008 JUDGMENT Petitioner is the plaintiff in O.S.299 of 2008 on the file of Munsiff Court, Pathanamthitta. That suit was filed consequent to the direction given by this court under Ext.P1 judgment in WP (C) 14921 of 2008, holding that remedy of the petitioner is to approach the civil court. Under Ext.P1, this court directed postponement of invoking bank guarantee for a period of two weeks to enable the petitioner to get appropriate order from the civil court. Petitioner could not succeed in getting an order from the Munsiff Court as first respondent had already lodged a caveat. The grievance of the petitioner is that learned Munsiff has posted the petition for injunction to 7.7.2008 without granting any interim relief and by such adjournment, respondents could invoke the bank guarantee. There is force in the submission. Learned Munsiff is directed to pass appropriate order in accordance with law in I.A. 1383 of 2008 on 7.7.2008. Till then, respondent shall not invoke the bank guarantee. M.SASIDHARAN NAMBIAR, JUDGE lgk/-