Banu Basheer vs Peethambaran

G. Girish, J

The petitioner, who has filed claim petition as I.A No.7 of 2023 in O.S No.26 of 2023 on the files of the Sub Court, Mavelikkara, has filed this petition under Article 227 of the Constitution of India with a prayer to accept the security to be furnished by him for the suit amount and to direct an early and time bound disposal of Ext.P2 claim petition.

The learned counsel for the petitioner would submit that the property which has been attached by the Sub Court, Mavelikkara in the aforesaid suit had been purchased by him 58 days prior to the interim attachment ordered in the said case. It is upon the above premises that the petitioner filed Ext.P2 claim petition before the trial court to lift the order of attachment in the said property.

Heard the learned counsel for the petitioner and the leaned counsel for the first respondent.

It is submitted by the learned counsel for the petitioner that the claim petitioner is ready to furnish the bank guarantee for the suit amount in O.S No.26 of 2023, pending before the Sub Court, Mavelikkara, and that the disposal of the above claim petition on an earlier date is highly necessary since the procrastination of the above matter would cause much hardships and sufferings to him in connection with other transaction of his business.

The learned counsel for the first respondent submitted that he has got serious doubts regarding the authenticity of the Power of Attorney relied on by the claim petitioner. The learned counsel for the petitioner would contend that there is absolutely no basis for the above apprehension and that the Power Attorney Holder is none other than the mother of the original claim petitioner. He further submitted that the bank guarantee in respect of the amount remaining in the account of the Power of Attorney Holder could be furnished to allay the apprehension of the first respondent in this regard.

The learned counsel for the first respondent would contend that Ext.P2-claim petition now stands posted for final hearing before the trial court after the completion of evidence, and that the case is now posted to 18.05.2024 before the Sub Court, Mavelikkara. It is further submitted by the learned counsel for the first respondent that the offer now made by the petitioner in respect of the bank guarantee agreed to be furnished , was not at all made before the trial court.

Having regard to the facts and circumstances of the case as stated above and the submissions of the learned counsel for the petitioner and the first respondent, I deem it appropriate to issue a direction to the Sub Court, Mavelikkara to consider the offer, if any, made by the petitioner to furnish bank guarantee as security for the plaint amount in O.S No.26 of 2023 along with the other relevant particulars while adjudicating the claim petition. It is made clear that the petitioner herein should be afforded an opportunity to file an appropriate petition before the trial court in the above regard, and that Ext.P2 – claim petition shall be disposed of only after considering the above application, if any, filed by the petitioner before the trial court.

In the result, the petition is disposed of directing the Sub Judge, Mavelikkara, to afford an opportunity to the petitioner herein to file an application before the said court in connection with the offer to furnish the bank guarantee as security for the plaint amount in O.S No.26 of 2023, and to dispose of Ext.P2-claim petition, after considering the aforesaid offer also, if an application as stated above is filed before the said court on or before 24.05.2024. The learned Sub Judge shall make every endeavour to dispose of Ext.P2-claim petition as expeditiously as possible, at any rate, on or before 10.06.2024.