Allowed

M/S.Elgies,R Ep.by Managing Partner v. M/S.Swastika Auto Colour

Kerala HC28 Nov 2012RFA/455/2010

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a first appeal against an order rejecting a plaint for non-payment of balance court fee. The court set aside the impugned order, directed the appellant to pay the remaining court fee within a month, and awarded costs.

What did the court decide?

Order rejecting plaint set aside; appellant directed to pay balance court fee within one month; costs of Rs. 5,000 awarded to respondent.

M/S.Elgies,R Ep.by Managing Partner Vs… — Contract and Commercial Disputes | 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 THOTTATHIL B.RADHAKRISHNAN &

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THE HON'BLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI

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WEDNESDAY, THE 28TH DAY OF NOVEMBER 2012/7TH AGRAHAYANA 1934

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RFA.No. 455 of 2010 ( )

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(AGAINST DECREE AND JUDGMENT DATED 07/12/2009 IN OS.585/2008 of PRINCIPAL SUB COURT,ERNAKULAM)

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APPELLANT(S)/PLAINTIFF:

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M/S.ELGIES, DOOR NO.44/1066, L.F.C.ROAD, KALOOR, COCHIN-17 REPRESENTED BY ITS MANAGING PARTNER, V.J.GEORGE S/O.JOSEPH, AGED 67 YEARS RESIDING AT VADAKKEMULLOTH HOUSE, NORTH KALOOR KOCHI-17. BY ADVS.SMT.C.G.BINDU SMT.C.G.AJITHA SMT.D.SARITHA SMT.M.K.RAJITHA

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RESPONDENT(S)/DEFENDANT:

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M/S.SWASTIKA AUTO COLOUR, OPPOSITE SWASTIKA CHAMBERS, C.S.T.ROAD, CHEMBUR MUMBAI-400 071. R,R1 BY ADV. SRI.M.JITHESH MENON R,R1 BY ADV. SRI.R.RAJESH R,R1 BY ADV. SRI.N.SASI

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THIS REGULAR FIRST APPEAL HAVING COME UP FOR ADMISSION ON 2811-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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RFA 455/10

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APPENDIX

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APPELLANT'S EXHIBITS

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ANNEXURE-1 : COPY OF FIXED DEPOSIT RECEIPT DATED 11/08/2010. ANNEXURE-2 : COPY OF MEMO SUBMITTED BY COUNSEL FOR THE PLAINTIFF DATED 11/08/2010. //TRUE COPY// PA TO JUDGE.

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THOTTATHIL B.RADHAKRISHNAN & A.V.RAMAKRISHNA PILLAI, JJ.

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R.F.A.No.455 of 2010

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Dated this the 28^th day of November, 2012.

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J U D G M E N T

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Thottathil B.Radhakrishnan, J.

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This appeal is against the order rejecting the plaint for non-payment of the balance court fee, after framing of issues.

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The plaintiff in a suit for realisation money based on commercial transaction, is the appellant herein. Issues were framed on 14/09/2009. The plaintiff applied to the court below for enlargement of time for paying the balance court fee. When that was rejected, an application for review of that order was filed. Without those applications being granted, the plaint was rejected for non-payment of the balance court fee on 07/12/2009. Having regard to the nature of the plaint claim and the pleaded jurial relationship between the parties, we are of the view that to meet the ends of justice, the order rejecting the plaint for non-payment of the balance court fee needs to be set aside granting an opportunity to the plaintiff

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R.F.A.No.455/10

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-2-

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to pay the balance court fee, on terms.

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In the result, this appeal is allowed setting aside the impugned order rejecting the plaint, and ordering the appellant to pay the balance court fee within a period of one month from now and to pay an amount of `5,000/- (Rupees five thousand only) as costs to the respondent, payable to the learned counsel appearing for the respondent before this court, within a period of three weeks. For enabling payments of these amounts, the fixed deposit receipt produced before the court below in terms of the earlier orders shall be released

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to the appellant on production of a copy of this judgment.

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This R.F.A. is ordered accordingly.

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Sd/(THOTTATHIL B.RADHAKRISHNAN, JUDGE)

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Sd/(A.V.RAMAKRISHNA PILLAI, JUDGE)

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“In compliance with the direction in the Judgment dated

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R.F.A.No.455/10

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-3-

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28.11.12, the counsel for the appellant has paid an amount of Rs.5,000/- (Rupees five thousand only) by way of cost to the counsel for the respondent on 12.2.13 vide memo dated 14.2.13 bearing c.f.1016/13 and recorded by this Court by order dated 26.2.13.”

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Sd/Registrar (Judicial)

M/S.Elgies,R Ep.by Managing Partner v. M/S.Swastika Auto Colour

Case brief

What is this about?

What did the court decide?

M/S.Elgies,R Ep.by Managing Partner v. M/S.Swastika Auto Colour

Case brief

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What did the court decide?

What the court decided

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Statutes considered

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