Disposed

Spiral Information Systems v. Reshimon K.R.

Kerala HC19 Sept 2012OP(C)/2987/2012

Case brief

AI extract

What is this about?

This order directs the lower court to consider an application challenging its jurisdiction to entertain a suit. The higher court granted time to dispose of this jurisdictional challenge, holding that no orders of the lower court would be effective until jurisdiction is confirmed.

What did the court decide?

Directing lower court to consider jurisdictional challenge within one month; previous interlocutory order held conditional on confirmed jurisdiction.

Spiral Information Systems Vs Reshimon K.R. — Company and Corporate | 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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WEDNESDAY, THE 19TH DAY OF SEPTEMBER 2012/28TH BHADRA 1934

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OP(C).No. 2987 of 2012 (O)

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IA.NO.2700/2012 IN OS.16/2012 of DISTRICT COURT, ERNAKULAM.

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PETITIONER(S):

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SPIRAL INFORMATION SYSTEMS

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A REGISTERED PARTNERSHIP FIRM, CC NO.34/1149 (BMRA-17), BALAKRISHNA MENON ROAD, EDAPPALLY

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COCHIN - 682 024

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REPRESENTED BY ITS MANAGING PARTNER SRI.N.A.AUGUSTINE.

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N.A.AUGUSTINE , AGED 70 YEARS

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THE MANAGING PARTNER

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M/S. SPIRAL INFORMATION SYSTEMS

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CC NO.34/1149 (BMRA-17), BALAKRISHNA MENON ROAD

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EDAPPALLY, KOCHI-682 024.

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BY ADVS.SRI.ASWIN GOPAKUMAR

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SRI.PRAVEEN.H. SRI.ANWIN GOPAKUMAR SMT.KALA G.NAMBIAR SRI.K.AMAL NATH NAIK

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RESPONDENT(S):

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RESHIMON K.R., AGED 35 YEARS S/O. K.A.RAJAN, KAROOTVEEDU, MUPPATHADAM P.O. ALUVA, PIN-683 103.

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THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 19-09-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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APPENDIX IN O.P.(C) NO.2987 OF 2012

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PETITIONER(S) EXHIBITS

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EXT.P1 : TRUE COPY OF THE LEGAL NOTICE DTD.3.1.2012.

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EXT.P2 : COPY OF THE REPLY NOTICE DTD.16.1.2012 ISSUED BY THE ADVOCATE FOR THE RESPONDENT.

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EXT.P3 : COPY OF THE PLAINT IN OS NO.16/2012 ON THE FILE OF THE VTH ADDITIONAL DISTRICT COURT.

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EXT.P4 : COPY OF IA NO.2699/2012 IN OS NO.16/2012.

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EXT.P5 : COPY OF THE IA NO.2700/2012 FILED BY THE RESPONDENT.

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EXT.P6 : COPY OF THE COUNTER AFFIDAVIT FILED BY THE RESPONDENTS.

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EXT.P7 : COPY OF THE COUNTER AFFIDAVIT FILED BY THE RESPONDENTS.

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EXT.P8 : COPY OF THE ORDER DTD.30.6.2012 PASSED BY THE COURT BELOW ON EXT.P4.

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EXT.P9 : COPY OF THE ORDER DTD.30.6.2012 PASSED BY THE COURT BELOW ON EXT.P5.

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//TRUE COPY//

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P.S. TO JUDGE.

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V.CHITAMBARESH, J.

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O.P.(C) No. 2987 OF 2012

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Dated this the 19^th day of September, 2012

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J U D G M E N T

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The only prayer pressed at the time of hearing is for an early consideration of an application filed questioning the jurisdiction of the court to entertain the suit under Order XIV Rule 2 of the Code of Civil Procedure.

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I direct the court of the V Additional District Judge, Ernakulam to consider I.A.No.4747 of 2012 in O.S.No.16 of 2012 pending on its file within a period of one month from the date of receipt of a copy of this judgment. The order passed by the court below in I.A.No.2699 of 2012 in O.S.No.16 of 2012 shall be given effect to only if the court finds that it has got jurisdiction to entertain the suit and pass interlocutory orders therein.

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No further directions are called for and the original petition is disposed of.

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V.CHITAMBARESH, Judge.

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nj.

Spiral Information Systems v. Reshimon K.R.

Case brief

What is this about?

What did the court decide?

Spiral Information Systems v. Reshimon K.R.

Case brief

What is this about?

What did the court decide?

What the court decided

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