IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN TUESDAY, THE 20TH JANUARY 2009 / 30TH POUSHA 1930 RP.No. 27 of 2009(D) --------------------------------- AGAINST THE JUDGEMENT IN WPC.35949/2008 .................... REVIEW PETITIONER/RESPONDENT: S.DASAN NAIR, AGED 56/08 S/O.P.SREEDHARAN NAIR, R/A.45/2160, L.KARSHAKA ROAD, VADUTHALA, ERNAKULAM. BY ADV. SMT.GOVINDU P.RENUKADEVI SRI.T.B.SHAJIMON RESPONDENT/PETITIONER: M/S.HAZEL MERCANTILE LTD,. A COMPANY INCORPORATED UNDER THE COMPANIES ACT HAVING REG. OFFICE AT 181 ASHOKA CENTRE, 2ND FLOOR, G.T.HOSPITAL COMPLEX, L.T. ROAD, MUMBAI- 400 001 AND HAVING ITS OFFICE AT 2E/F CHURCHES SQUARE, BLOOSAM KOCHIN ROAD, ERNAKULAM, KADAVANTHARA P.O. KOCHIN 20 REP. BY ITS - BRANCH IN CHARGE MR.V.K.MOHANAN, 57 YEARS, S/O.LATE M.D.NARAYANAN NAMBOOTHIRI, AMBIKA SADANAM, ETTUMANOOR EAST, KOTTAYAM. THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 20/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.P. Balachandran, J. -------------------------- R.P.No.27 of 2009 in W.P.(C)No.35949 of 2008 -------------------------- ORDER This review petition has been filed by the respondent in W.P.(C)No.35949/08. On hearing the submissions, the grievance of the petitioner is not that this Court ordered conditional attachment being effected, but that the court below is adopting the view that the direction to dispose of I.A.No.5080/08 at the earliest was to dispose of the said IA effecting attachment. It is made clear that what was ordered is conditional attachment of the immovable properties sought to be attached and the defendant in the suit is having the right either to furnish security or to show cause as to why he should not be ordered to furnish security. If such a cause is shown by the defendant in the suit, the court has to dispose of I.A.No.5080/08 considering the said cause shown by the defendant, who is the petitioner herein. It is also clarified that the court below has to pass appropriate orders on I.A.No.5080/08, either making the order of conditional attachment absolute or lifting the attachment, as the circumstances warrant. With the above clarification, this review petition is disposed of. 20th January, 2009 (K.P.Balachandran, Judge) tkv