Case Summary
M/s Union Bank of India has filed a petition to ensure the respondents do not dispose of their property, which could delay the execution of a decree in the underlying suit. The court is considering a conditional order of attachment.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Conditional order of attachment over petition schedule property.
Case Type
Civil Suit
Final Judgment
No
The court has ordered the respondents to either furnish security for a specified amount or show cause for their failure to do so.
Why Plaintiff Won:
The court determined that failure to furnish security could delay execution of the decree, requiring protection of the petitioner's interests.
The court determined that failure to furnish security could delay execution of the decree, requiring protection of the petitioner's interests.
Losing Side's Weaknesses:
The court determined that failure to furnish security could delay execution of the decree, requiring protection of the petitioner's interests.
The court determined that failure to furnish security could delay execution of the decree, requiring protection of the petitioner's interests.
Supporting Evidence
It is satisfied that, respondents with a view to delay the execution of the decree, which would be passed in the above suit, are about to dispose of their property.
Judgment Evidence:
In this circumstance, the respondents are directed either to furnish security for an amount of 10,40,506/- or to show cause as to why they should not furnish the security.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s Union Bank of India
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Christy Mathew
- Party Age
- 28
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Kuttyachan. K.T
- Party Age
- 58
- Relation
- S/o
Plaintiffs Documents
Affidavit and documents submitted by the petitioner.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Binu Sacariah
- 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:
Respondents directed to either furnish security or show cause
Evidence:
The respondents are directed either to furnish security for an amount of 10,40,506/- or to show cause as to why they should not furnish the security.
Documents & Evidence
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Commercial Court, Koyilandy
Common Reasons
Case Code
CS.
Case Code Year
2025