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Judgment
Devan Ramachandran, J
This Court had passed a judgment in W.P.(C) No.43287/2023 on 22.12.2023.
Subsequently, it transpires that on the allegation that the Banks did not allow the petitioners to operate the accounts as ordered in the afore judgment, this writ petition was filed and an interim order dated 29.12.2023 was issued by another learned Judge in the following manner:
“Petitioner will take out notice by special messenger to respondents 5 to 11.
Post on 08.01.2024. In the meantime, there will be a direction to the said respondents 5 to 11 to honour the direction contained in Clause No.'C' of Ext.P2 judgment for the period of ten days prescribed therein commencing from 26.12.2023.”
Today, Sri.Aswin Gopakumar makes a complaint that even the afore interim order has not been complied with by the Banks.
However, the learned standing counsel for the various Banks, submitted that the directions in the judgment in W.P. (C) No.43287/2023 cannot be implemented in its spirit by them because, when this Court used the word “day to day affairs”, it has been interpreted by the petitioners to mean the operation of the business as a whole.
Be that as it may, the judgment in W.P.(C) No.43287/2023 renders it perspicuous that the petitioners must approach the Designated Court and obtain necessary orders, including interim orders.
Sri.Aswin Gopakumar, in fact, affirms that his clients have already moved the Designated Court, but that there was no sitting.
This Court has now verified through the Registry, that the Designated Court is sitting.
In the afore circumstances, I direct the II Additional District Court, Thrissur - which is stated to be the Designated Court under the BUDS Act - to take up the interim application preferred by the petitioners and dispose it of after hearing them, as expeditiously as is possible, but not later than two days from the date of receipt of a copy of this judgment.
Needless to say, the learned District Court will thereupon, endeavour to dispose of the main appeal of the petitioners at the earliest.