Case Summary
Kerala Gramin Bank filed a petition concerning its right to secure an amount before a decree is passed in an ongoing suit. The respondent, Davis Manual, is accused of potentially disposing of property to delay the execution of the decree.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Conditional order of attachment over petition schedule property.
Case Type
Commercial Suit
Final Judgment
No
The court directed the respondent to furnish security or show cause regarding the same. A conditional order of attachment has been passed over the petition schedule property.
Why Plaintiff Won:
The respondent was found likely to dispose of property to delay the execution of the decree.
The respondent was found likely to dispose of property to delay the execution of the decree.
Losing Side's Weaknesses:
The respondent was found likely to dispose of property to delay the execution of the decree.
The respondent was found likely to dispose of property to delay the execution of the decree.
Supporting Evidence
It is satisfied that, respondent with a view to delay the execution of the decree, which would be passed in the above suit, is about to dispose of their property or to remove it from the local jurisdiction of the court.
Judgment Evidence:
In this circumstance, the respondent is directed either to furnish security for an amount of 11,31,591/- (Rupees eleven lakh thirty one thousand five hundred and ninety one only) or to show cause as to why they should not furnish the security.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kerala Gramin Bank
- Party Role
- Defendant
- Party Name
- Davis Manual
- Party Age
- 65
- Relation
- S/o
Plaintiffs Documents
Affidavit and documents presented by the petitioner.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. P. Anoop
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. C.M. Hemachandran
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. Amaya
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. Abdul Raoof
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Injunction
Outcome:
Granted
Description:
Conditional order of attachment over petition schedule property.
Evidence:
In the meantime, a conditional order of attachment is passed over petition schedule property.
Relief Type:
Other
Outcome:
Granted
Description:
Direction to furnish security for an amount of 11,31,591/- or to show cause.
Evidence:
The respondent is directed either to furnish security for an amount of 11,31,591/- or to show cause as to why they should not furnish the security.
Documents & Evidence
Document Type:
Affidavit
Submitted By:
Plaintiff
Relevance:
The court perused the affidavit to satisfy itself about the respondent's actions.
Reference:
Case Classification
Case Type
Commercial Suit
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Commercial Court, Koyilandy
Common Reasons
Case Code
Case between Kerala Gramin Bank vs Davis Manual regarding security for an amount.
Case Code Year
Case between Kerala Gramin Bank vs Davis Manual regarding security for an amount.