IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN THURSDAY, THE 1ST OCTOBER 2009 / 9TH ASWINA 1931 WP(C).No. 26030 of 2009(O) -------------------------- AGAINST THE ORDER IN IA.1621/2009 IN OS.198/2007 of ADDL.SUB COURT,KOLLAM .................... PETITIONER(S): ------------------------- DR.V.VENUGOPAL, POURNAMI HOUSE, KILIKOLLOOR.P.O. KOLLAM. BY ADV. MR.JACOB CHACKO RESPONDENT(S): ---------------------------- 1. L.SANTHOSH BABU, CHINNUS DALE, POLAYATHODE, KOLLAM. 2. JACOB VARGHESE@ TAMPI, KOIPURATHU VEEDU, NJAVAROOR, CHATHANNOOR, KOLLAM DIST. R1 BY ADVS. MR.V.V.RAJA, MR.R.RANJITH. R2 BY ADV. MR.B.S.SURESH (CHIRAKKARA) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss S.S.SATHEESACHANDRAN, J. ----------------------------- W.P.(C).No.26030 OF 2009 -------------------------- Dated this the 1st day of October 2009 ------------------------------------- JUDGMENT The writ petition is filed seeking the following reliefs. i) Issue a direction directing the Hon'ble Court of Additional Sub Judge, Kollam to release and return the portion of cash security deposited as exorbitant to the petitioner in I.A No.1621/2009 in O.S No.198/2007. ii) Issue such other relief as this Hon'ble Court may deem fit and proper in the interest of justice. 2. The first respondent instituted a suit for recovery of money for a sum of Rs.3,00,000/- (Rupees three lakh only) against the second respondent, and that suit numbered as O.S No.198 of W.P.(C).No.26030 OF 2009 Page numbers 2007 is pending before the Sub Court, Kollam. The first respondent also moved an application for attachment of properties belonging to the second respondent. After orders of attachment were passed by the court, the property was transferred to another, the petitioner herein, by the second respondent. At that stage, the petitioner approached this court and filed a petition seeking lifting of the attachment on conditional undertaking to deposit any amount as ordered by the court which may be required to satisfy the decree to be passed in the suit. The court ordered for deposit of a sum of Rs.6,00,000/- (Rupees six lakh only) by the petitioner and that amount deposited, the attachment was lifted. Petitioner has now approached this court seeking modification of the order passed stating that the sum ordered to be deposited even if the suit is decreed is excessive as the amount required to satisfy the decree will be much less. W.P.(C).No.26030 OF 2009 Page numbers 3. Notice of the petition being given, first respondent has entered appearance. I heard the counsel on both sides. Evidently the petitioner has not approached the court below to seek any modification or review of the order directing deposit of a sum of Rs.6,00,000/- (Rupees Six lakh only) to satisfy the decree likely to be passed in the suit. But all the same the amount ordered to be deposited by the petitioner with reference to the suit claim appears to be excess. Suit is pending for the last two years. Taking note of the pendency of the suit for the last two years, it appears, a sum of Rs.4,50,000/- (Rupees four lakh fifty thousand only) as security will be sufficient to satisfy the decree to be passed in the suit. It is also reported that the amount has been deposited in the treasury as court deposit and as such it does not yield any interest. It is open to the W.P.(C).No.26030 OF 2009 Page numbers petitioner to move an application before the court below seeking modification of the sum fixed to be tendered as security, with permission to tender such sum as found essential by the court, subject to such modification, by production of fixed deposit receipt. He may also seek permission for withdrawal of the amount deposited in treasury and transmission of the sum fixed to bank for tendering the fixed deposit receipt before court. If any such application is moved by the petitioner, the court below shall consider it on its merits taking note of the observations made above and in accordance with law. Writ petition is disposed as indicated above. Sd/- S.S.SATHEESACHANDRAN, JUDGE //TRUE COPY// P.A TO JUDGE vdv