Kerala High Court
Amretha Motors Pvt Ltd vs The National Small Industries ... on 6 February, 1989
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
FRIDAY,THE 31ST DAY OF OCTOBER 2014/9TH KARTHIKA, 1936
WP(C).No. 11339 of 2005 (Y)
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PETITIONER(S) :
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AMRETHA MOTORS PVT LTD.,
REPRESENTED BY THE GENERAL POWER OF ATTORNEY
HOLDER AND MANAGER, MR.PRAKASH C.K.,
S/O.KUNJHIKELU NAIR, AMRETHA MOTORS PVT LTD.,
SOUTH KODUVALLY, KOZHZIKODE.
BY ADV. SRI.T.B.SHAJIMON
RESPONDENT(S) :
----------------------------
1. THE NATIONAL SMALL INDUSTRIES CORPORATION,
(A GOVERNMENT OF INDIA ENTERPRISES), S-67,
G.C.D.A, COMMERCIAL COMPLEX, MARIN DRIVE,
SHANMUGHAM ROAD, COCHIN-31.
2. THE SENIOR MANAGER,
THE NATIONAL SMALL INDUSTRIES CORPORATION,
(A GOVERNMENT OF INDIA ENTERPRISES), S-67, G.C.D.A,
COMMERCIAL COMPLEX, MARINE DRIVE, SHANMUGHAM ROAD,
COCHIN-31.
3. MR.JAYABALAN, S/O.SRI.GOVINDAN,
"SRIGOVINDAM", CHEVARAMBALAM P.O., CHAKATTU THAZHAM,
NELLIKOD AMSZAM, CALILCUT.
R1 & R2 BY SRI.N.NAGARESH, A.S.G
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 31-10-2014, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
Msd.
WP(C).No. 11339 of 2005 (Y)
APPENDIX
PETITIONER(S)' EXHIBITS
-------------------------------------
EXHIBIT P1 : THE PHOTOSTAT COPY OF THE GENERAL POWER OF ATTORNEY IS
PRODUCED HER IN AND MARKED AS.
EXHIBIT P2 : THE PHOTOSTAT COPY OF THE SALE AGREEMENT IS PRODUCED
HEREIN AND MARKED AS.
EXHIBIT P3 : THE PHOTOSTAT COPY OF THE NOTICE IS PRODUCED HEREIN AND
MARKED AS.
EXHIBIT P4 : THE PHOTOSTAT COPY OF THE REPLY IS PRODUCED HEREIN AND
MARKED AS.
RESPONDENT(S)' EXHIBITS
-----------------------------------------
EXT.R2(1): TRUE COPY OF THE HIRE PURCHASE AGREEMENT DATED 06.02.1989
ENTERED INTO BETWEEN SHRI.P.C.RAJAN AND NSIC.
EXT.R2(2): TRUE COPY OF THE HIRE PURCHASE AGREEMENT DATED 06.02.1989
ENTERED INTO BETWEEN SHRI.P.C.RAJAN AND NSIC.
EXT.R2(3): TRUE COPY OF THE HIRE PURCHASE AGREEMENT DATED 26.09.1992
ENTERED INTO BETWEEN SHRI.P.C.RAJAN AND NSIC.
EXT.R2(4): TRUE COPY OF THE HIRE PURCHASE AGREEMENT DATED 26.09.1992
ENTERED INTO BETWEEN SHRI.P.C.RAJAN AND NSIC.
EXT.P2(5): TRUE COPY OF THE HIRE PURCHASE AGREEMENT DATED 26.09.1992
ENTERED INTO BETWEEN SHRI.P.C.RAJAN AND NSIC.
EXT.P2(6): TRUE COPY OF THE HIRE PURCHASE AGREEMENT DATED 26.09.1992
ENTERED INTO BETWEEN SHRI.P.C.RAJAN AND NSIC.
EXT.P2(7): TRUE COPY OF THE HIRE PURCHASE AGREEMENT DATED 26.09.1992
ENTERED INTO BETWEEN SHRI.P.C.RAJAN AND NSIC.
EXT.P2(8): TRUE COPY OF THE DECLARATION DATED 02.03.1995 GIVEN BY
K.JAYAPALAN TO THE NSIC.
//TRUE COPY//
P.A.TO JUDGE.
Msd.
A.MUHAMED MUSTAQUE, J.
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W.P(C).No.11339 of 2005 Y
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Dated this the 31st day of October, 2014
JUDGMENT
This Writ Petition is filed by a private limited company. Petitioner's grievance in the Writ Petition is that the first and second respondents are attempting to seize the machineries from the premises of the petitioner. The third petitioner submits that the machineries belongs to him. There was an interim order by this Court.
2. In the facts and circumstances, interim order is made absolute. However, I make it clear that if the first and second respondents are able to establish title or ownership of the machineries, they are free to take appropriate steps in accordance with law with the intervention of Court/competent authority.
The Writ Petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE.
Sbna/01/11/14