IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN THURSDAY, THE 21ST MAY 2009 / 31ST VAISAKHA 1931 WP(C).No. 9656 of 2009(O) ------------------------- AGAINST THE ORDER IN IA 8912/07 IN OS.898/2007 of PRL.SUB COURT,TRIVANDRUM .................... PETITIONER(S): --------------- 1. M/S.TRAVANCORE SOFTWARE SOLUTIONS PVT. LTD., REGISTERED OFFICE AT 29.A- KOWDIAR GARDENS, THIRUVANANTHAPURAM AND OFICE AT MODULE C1, GAYATHRI BUILDINGS, TECHNO PARK, KARYAVATTOM, THIRUVANANTHAPURAM. 2. SYAM SUBRAMONIAN, MANAGING DIRECTOR, DO, DO. BY ADV. SRI.G.SUDHEER RESPONDENT(S): --------------- 1. STATE BANK OF TRAVANCORE, KOWDIAR BRANCH THIRUVANANTHAPURAM, REPRESENTED BY ITS MANAGER. 2. K.K.SREEJA, DIRECTOR, TRAVANCORE SOFTWARE SOLUTIONS PVT. LTD., REGISTERED OFFICE AT 29 A- KOWDIAR GARDENS, GOLF LINK ROAD, KOWDIAR, THIRUVANANTHAPURAM AND OFFICE AT MODULE C 1, GAYATHRI BUILDINGS, TECHNO PARK, KARYAVATTOM, THIRUVANANTHAPURAM. 3. ELECTRONICS TECHNOLOGY PARKS-KERALA (TECHNOPARK), REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER IN CHARGE, REGISTERED OFFICE AT KARYAVATTOM, THIRUVANANTHAPURAM. ADV. SRI.R.S.KALKURA FOR R1 SRI.P.A. AHAMMED FOR R3 SRI.M.S. SREEKUMAR FOR R3 SRI.SAJI VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.S.SATHEESACHANDRAN, J. ------------------------------- W.P.(C).NO.9656 OF 2009 () ----------------------------------- Dated this the 21st day of May, 2009 J U D G M E N T This writ petition is filed under Article 227 of the Constitution of India, seeking the following reliefs: i. issue a writ in the nature of mandamus or any other appropriate writ, order or direction directing the Principal Sub Court, Thiruvananthapuram, either to pass fresh orders on Ext.P2 attachment application as directed in Ext.P6 or allow petitioners to remove the articles from their premises of 5th defendant enabling petitioners to vacate the premises. ii. such other appropriate writ order or direction this Honourable Court may deem fit and proper to meet the ends of justice. Petitioners, two in number are defendents 1 and 2 in a suit filed by the 1st respondent, a bank, for recovery of money. In the suit, the 1st respondent plaintiff moved an application for WPC.9656/09 2 interim attachment of the movables belonging to the 1st and 2nd defendants under Order 38 Rule 5 of the Code of Civil Procedure. An interim order of attachment was passed by this Court, which was challenged by the petitioners herein in an earlier writ petition. Ext.P6 is the order passed by this Court granting liberty to the petitioners to get release of the attached articles on filing affidavits not to alienate the articles and to produce them as and when ordered by the court. This Court also directed the court below to pass final orders in the attachment application and issue such directions on the basis of the final order. The present writ petition is filed by the petitioners raising a grievance that despite the direction given in Ext.P6 order, the court below has not disposed of the application for attachment moved by the plaintiff. The learned counsel appearing for the 1st respondent plaintiff also submitted that an early disposal of the petition is warranted in the facts and circumstances of the case, as the attached articles involved are movables. Having regard to the submissions made by the counsel and also taking note of the earlier direction issued by this Court as evidenced by Ext.P6 WPC.9656/09 3 judgment, there will be a direction to the court below to hear and dispose of the attachment application as expeditiously as possible, at any rate, within one month from the date of receipt of copy of this judgment. This writ petition is disposed accordingly. S.S.SATHEESACHANDRAN JUDGE prp S.S.SATHEESACHANDRAN, J. -------------------------------------------------------- CRL.R.P.NO. OF 2006 () --------------------------------------------------------- O R D E R --------------------------------------------------------- 23rd March, 2009