The High Court of Kerala, in a civil original petition, observed that a counter-claim was rejected due to non-payment of court fee and the petitioner had filed for a review. The trial suit was stayed for 10 days.
Trial suit stayed for 10 days from the date of the order.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE N.K.BALAKRISHNAN
THURSDAY, THE 2ND DAY OF JANUARY 2014/12TH POUSHA, 1935
OP(C).No. 3932 of 2013 (O)
OS 840/2006 of I ADDL.SUB COURT, THRISSUR
PETITIONER(S)/DEFENDANT No.1 :-
ARUN SHANKAR, SREESHYLAM, ETTUMANOOR, KOTTAYAM
BY ADV. SRI.K.B.GANGESH
RESPONDENT(S)/PLAINTIFF & DEFENDANT No.2 :-
1. MUSTANG MOTORS PVT. LTD SITUATED AT 13/116G, NH BYE PASS ROAD MARATHAKARA DESOM, MARATHAKARA VILLAGE THRISSUR TALUK REPRESENTED BY ITS BRANCH DIRECTOR DAVIS PAUL S/O.PAUL, VADAKKETHALA HOUSE, PUTHUR P.O PUTHUR VILLAGE, THRISSUR TALUK - 680001.
2. ICICI LOMBARD GENERAL INSURANCE CO.LTD ERNAKULAM, KOCHI - 31 REPRESENTED BY ITS LEGAL MANAGER PRAMOD RAVINDER
R1 BY ADV. SRI.G.SREEKUMAR (CHELUR) R2 BY ADV. SRI.R.AJITH KUMAR VARMA
THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 02-01-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
jvt
OP(C).No. 3932 of 2013 (O)
APPENDIX
PETITIONER(S)' EXHIBITS :-
EXHIBIT P1 TRUE COPY OF THE PLAINT IN O.S NO 840/2006 ON THE FILE OF FIRST ADDITIONAL SUB COURT,THRISSUR.
EXHIBIT P2 TRUE COPY OF THE COUNTER CLAIM RAISED BY THE PETITIONER IN O.S NO 840/2006 ON THE FILE OF FIRST ADDITIONAL SUB COURT,THRISSUR.
EXHIBIT P3 TRUE COPY OF THE I.A NO 8811/2013 IN O.S NO 840/2006 ON THE FILE OF FIRST ADDITIONAL SUB COURT,THRISSUR.
EXHIBIT P4 TRUE COPY OF THE APPLICATION FOR ISSUANCE OF CARBON COPY SUBMITTED BY THE PETITIOENR BEFORE FIRST ADDITIONAL SUB COURT,THRISSUR DATED 07-11-2013.
EXHIBIT P5 TRUE COPY OF THE PETITION FOR CARBON COPY FILED BY THE PETITIONER IN IA NO 8811/2013 IN O.S NO 840/2006 ON THE FILE OF FIRST ADDITIONAL SUB COURT,THRISSUR.
RESPONDENT(S)' EXHIBITS :- NIL
//True Copy//
P.A. To Judge
N.K.BALAKRISHNAN, J.
O.P.(C). No.3932 of 2013
Dated this the 2nd day of January 2014
J U D G M E N T
Learned counsel for the petitioner submits that the counter claim was rejected for non-payment of the court fee. The petitioner wanted to get that order reviewed. It is stated that the certified copy of the order has been obtained and application has been filed for review of the order. The learned Addl. Sub Judge will dispose of that application, when petition is filed by the petitioner, at the earliest.
This OP(C) is disposed of as above.
Sd/-
N.K.BALAKRISHNAN, JUDGE.
Jvt
Arun Shankar
Mustang Motors Pvt. Ltd
ICICI Lombard General Insurance Co. Ltd
N.K. Balakrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
