Disposed

Nita Gelatin India Limited v. Ravi

Kerala HC30 Nov 2012OP(C)/1356/2012

Case brief

AI extract

What is this about?

This Original Petition under Article 227 challenged the refusal of an interim injunction in an appeal suit. The court directed deposit of ` 25,000/- and maintained the interim stay pending disposal. The petition was disposed of with directions to the court below for expedited hearing.

What did the court decide?

Interim stay in Original Petition maintained; direction to deposit ` 25,000/-; direction for expedited disposal of appeal suit.

Nita Gelatin India Limited Vs Ravi — Service and Employment | Kerala HC (2012)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE V.CHITAMBARESH

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FRIDAY, THE 30TH DAY OF NOVEMBER 2012/9TH AGRAHAYANA 1934

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OP(C).No. 1356 of 2012 (O)

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AS.49/2012 of PRINCIPAL SUB COURT, IRINJALAKUDA

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PETITIONER(S):

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NITTA GELATIN (INDIA) LIMITED,

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P.B. NO. 4626, 52/1446, SBT AVENUE PANAMPILLY NAGAR, COCHIN -36

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REPRESENTED BY MANAGING DIRECTOR.

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NITTA GELATINE INDIA LTD., (OSSIEN DIVISION), KATHIKUDAM.P.O

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KALLUR VADAKKEMURI VILLAGE, MUKUNDAPURAM TALUK REP. BY ITS EXECUTIVE DIRECTOR.

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BY ADVS.SRI.K.ANAND (A.201)

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SMT.LATHA KRISHNAN

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RESPONDENT(S):

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RAVI AGED 40 YEARS, S/O. VELAYUDHAN, MOTHAYIL HOUSE KATHIKODAM DESOM, KALLUR VADAKKUMMURI VILLAGE MUKUNNDAPURAM TALUK.

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BY ADV. SRI.M.H.HANIL KUMAR

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THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 30-11-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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OP(C) NO. 1356/2012

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APPENDIX

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PETITIONER(S) EXHIBITS

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EXHIBIT-P1TRUE COPY OF THE PLAINT IN O.S 92/2010 BEFORE THE MUNSIFF COURT, CHALAKKUDY.

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EXHIBIT-P2TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE PETITIONERS.

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EXHIBIT-P3TRUE COPY OF THE ADDITIONAL WRITTEN STATEMENT DATED 31/03/2011 FILED BY THE PETITIONER.

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EXHIBIT-P4TRUE COPY OF THE JUDGMENT IN O.S 92/2010

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EXHIBIT-P5TRUE COPY OF THE DECREE IN O.S 92/2010

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EXHIBIT-P6TRUE COPY OF THE APPEAL SUIT NO. 49/2010 FILED BY THE PETITIONER BEFORE THE SUB COURT, IRINJALAKUDA.

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EXHIBIT-P7TRUE COPY OF THE IA NO. 1186/2012 EXHIBIT-P8TRUE COPY OF THE ORDER IN I.A 1186/2012 OF THE SUB COURT, IRINJALAKUDA.

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RESPONDENTS' EXHIBITS : NIL

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/TRUE COPY/

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P.A. TO JUDGE.

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V. CHITAMBARESH, J

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OP(C) NO. 1356 OF 2012

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Dated this the 30^th day of November, 2012

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JUDGMENT

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An order refusing interim injunction pending appeal suit is under challenge in this Original Petition under Article 227 of the Constitution of India. This court at the time of admission of the Original Petition directed the petitioners to deposit a sum of ` 25,000/- (Rupees Twenty five thousand only) in the court below to meet the litigation expenses borne by the respondents. The said sum was deposited on 29.05.2012 and I make it clear that the respondent can withdraw the said sum unconditionally forthwith with liability to refund dependent on the outcome of the appeal.

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The interim stay granted in this Original Petition is however maintained till the disposal of the appeal by the lower appellate court expeditiously. I direct the court of the Principal Subordinate Judge of Irinjalakuda to dispose of A.S. No. 49/2012 finally before the court closes for summer recess in the year 2013.

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OP(C) No. 1356/2012

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No further directions are called for and the Original

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Petition is disposed of.

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V. CHITAMBARESH JUDGE

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ncd

Nita Gelatin India Limited v. Ravi

Case brief

What is this about?

What did the court decide?

Nita Gelatin India Limited v. Ravi

Case brief

What is this about?

What did the court decide?

What the court decided

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