Disposed

Anto K.M v. South Indian Bank Officers Association (Siboa)

Kerala HC20 Oct 2016OP(C)/2458/2016

Case brief

AI extract

What is this about?

The High Court directed the District Judge to expedite the disposal of two civil miscellaneous appeals pending against interim orders. The court fixed a disposal deadline of 45 days from the date of receipt of the order to address the petitioner's hardship caused by the stay.

What did the court decide?

Directed the 4th Additional District Judge, Thrissur to expedite disposal of C.M.A.No.66/2016 and C.M.A.No.67/2016 within 45 days from the date of receipt of this judgment.

Anto K.M Vs South Indian Bank Officers Association… — Service and Employment | Kerala HC (2016)

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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 K.RAMAKRISHNAN

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THURSDAY, THE 20TH DAY OF OCTOBER 2016/28TH ASWINA, 1938

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OP(C).No. 2458 of 2016 (O)

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CMA 67/2016 OF III ADDITIONAL DISTRICT COURT, THRISSUR

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PETITIONER(S)/RESPONDENTS/PLAINTIFF::

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ANTO K.M., AGED 55 YEARS, S/O.M.MATHEW KUNJAPPU, GRACE FLOWER, CHITTILAPPILLY KUNJAPPU HOUSE, PALAKKAL, THRISSUR.

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BY ADV. SRI.D.ANIL KUMAR

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RESPONDENT(S)/APPELLANTS/DEFENDANTS:

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1. SOUTH INDIAN BANK OFFICERS ASSOCIATION (SIBOA), REGISTERED OFFICE SITUATED AS SIBAO CENTRE, MISSION QUARTERS, THRISSUR 1.

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2. GENERAL SECRETARY, SOUTH INDIAN BANK OFFICERS ASSOCIATION (SIBOA), REGISTERED OFFICE SITUATED AT SIBAO CENTRE, MISSION QUARTERS, THRISSUR 1.

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3. SENIOR MANAGER, PERSONNEL DEPARTMENT, HEAD OFFICE, SOUTH INDIAN BANK LTD, REGISTERED OFFICE SITUATED AT SIBAO CENTRE, MISSION QUARTERS, THRISSUR 1.

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BY SRI.GEORGE VARGHESE, SC, SOUTH INDIAN BANK

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THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 20-10-2016 ALONG WITH OP(C) 2463/2016 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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msv/

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OP(C).No. 2458 of 2016 (O)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXT.P1	TRUE COPY OF THE PLAINT FILED BY THE PLAINTIFF BEFORE THE MUNSIFF'S COURT, THRISSUR IN OS NO.2044/2016
EXT.P2	TRUE COPY OF THE I.A NO.8027/2016 IN OS NO.2044/2016
EXT.P3	TRUE COPY OF THE I.A NO.8026/2016 IN OS NO.2044/2016
EXT.P4	TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY DEFENDANTS AGAINST EXT.P2 I.A DATED 17/5/2016
EXT.P5	TRUE COPY OF COMMON ORDER DATED 12/7/2016 IN I.A NO.8027/2016 AND IA NO.8026/2016 OF THE PRINCIPAL MUNSIFF'S COURT, THRISSUR
EXT.P6	TRUE COPY OF ORDER OF STAY PASSED IN I.A NO.4003/2016 IN C.M.A NO.67/2016 DATED 8/8/2016 PASSED BY DISTICT COURT, THRISSUR.
EXT.P7	TRUE COPY OF I.A NO.4101/2016 IN C.M.A NO.66/2016 ON THE FILE OF DISTRICT COURT, THRISSUR
EXT.P8	TRUE COPY OF COUNTER TO IA. NO.4101/2016 IN C.M.A NO.66/2016 ON THE FILE OF DISTRICT COURT, THRISSUR
EXT.P9	TRUE COPY OF THE EXHIBIT B8 DOCUMENT SUBMITTED IN OS NO.2044/2016 ON THE FILE OF PRINCIPAL MUNSIFF'S COURT, THRISSUR
EXT.P10	TRUE COPY OF DOCUMENT PRODUCED AT THE APPELLATE STAGE IN DISTRICT COURT ON THE FILE OF DISTRICT COURT, THRISSUR.

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RESPONDENT(S)' EXHIBITS

//TRUE COPY//

P.S.TO JUDGE

NIL

Msv/

K.RAMAKRISHNAN, J.

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O.P.(C) Nos.2458 of 2016 & 2463 of 2016

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Dated this the 20^th day of October, 2016

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JUDGMENT

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Both these petitions have been filed by the plaintiff in O.S.2044/2016 on the file of the Munsiff Court, Thrissur against the respondents evidenced by Ext.P1 suit. They also filed I.A.8027/2016 for a direction to recall the order of suspension issued against the plaintiff and and Ext.P3 application as I.A.8026/2016 for an injunction restraining them from acting on the basis of the illegal order of suspension and collecting the contribution. The defendant filed Ext.P4 objection and after hearing both sides, court below passed Ext.P5 order, allowing the prayer made by the petitioner in those petitions. The defendants filed C.M.A.Nos.66/2016 and 67/2016 and also filed I.A.Nos.4003/2016 & 4101/2016 in the above civil miscellaneous appeals before District Court, Thrissur and the court below passed Ext.P6 order staying the order of the court below. The petitioner filed objection to the same. The appellants in the court below filed an application to receive Ext.B8 as I.A.4101/2016 evidenced by Ext.P7, said to be the original of Ext.B8 document produced before the court below and genuineness of which was challenged by the petitioner. The case is being adjourned without being taken and on account of the stay order granted by the court below, the petitioner is put to serious

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O.P.(C) NoS.2458 of 2016 & 2463 of 2016

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hardship. So the petitioner is forced to approach this court, seeking the following reliefs in these original petitions.

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Prayer in O.P.2458/2016

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i. Issue appropriate directions/orders for hearing C.M.A.No.66/2016 and C.M.A.No.67/2016 on the file of the Disitrict Court, Thrissur.

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ii. Direct the District Court, Thrissur, while hearing the C.M.A.No.66/2016 and C.M.A.No.67/2016 to look into Ext.B8 (Ext.P9) and Ext.P10 documents regarding the genuineness.

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iii. Set aside Ext.P6 order issued by the District Court, Thrissur.

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iv. Direct the District Court, Thrissur to dispose off C.M.A.No.67/2016 and 66/2016 without any delay, and

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v. Grant such other and further reliefs as this Hon'ble Court deems fit and proper in the circumstances of this case.

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Prayer in O.P.2463/2016

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i. Issue appropriate directions/orders for hearing C.M.A.No.66/2016 and C.M.A.No.67/2016 on the file of the Disitrict Court, Thrissur.

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ii. Direct the District Court, Thrissur, while hearing the C.M.A.No.66/2016 and C.M.A.No.67/2016 to look into Ext.B8 (Ext.P9) and Ext.P10 documents regarding the genuineness.

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iii. Set aside Ext.P6 order issued by the District Court, Thrissur.

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iv. Direct the District Court, Thrissur to dispose off C.M.A.No.67/2016 and 66/2016 without any delay, and

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v. Grant such other and further reliefs as this Hon'ble Court deems fit and proper in the circumstances of this case.

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Considering the nature of relief claimed, this court felt that

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O.P.(C) NoS.2458 of 2016 & 2463 of 2016

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these petitions can be disposed of after getting a report from the court below regarding the present stage and time required for disposal of the same. Accordingly a report has been called for from the 4th Additional District Court, Thrissur before whom the appeals are pending and the learned Additional District Judge has sent a report, which reads as follows:

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“The above CMA 67/16 along with CMA66/16 were pending before III^rd Addl. District Court, Thrissur. As per order No.C3-9553/16 dt. 05.09.16 of District Court, Thrissur the above CMAs were transferred to this court and at present both the above cases are posted to 29.11.16. Parties in both CMAs are the same and both CMAs arise out of order in I.A.8027/16 and I.A.8026/16 in OS 2044/16 of Prl.Munsiff's Court, Thrissur. When the CMAs were pending before the III^rd Addl. District Court, Thrissur respondents entered appearance as revealed from the proceeding sheet. No vakalath is seen filed. On receipt of the above CMAs by this court, as the cases were new cases, they were notified to 29.11.16. The cases can be advanced and notice can be issued to both sides to appear. Since lower court records are received, above cases can be disposed without delay. For disposal of the CMAs, I require 2 months time. Hence this report is filed for appropriate orders.”

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Heard Sri.D.Anilkumar, counsel appearing for the petitioner

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and Sri.George Varghese, counsel appearing for the 3^rd respondent. Notice to other respondents is dispensed with considering the nature of

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O.P.(C) NoS.2458 of 2016 & 2463 of 2016

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relief claimed in the petition.

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The counsel for the petitioner submitted that, on account of the stay order passed by the court below petitioner is put to serious hardship and it is being unnecessarily adjourned, he may be denied with the relief granted by the court below in the interim applications.

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It is seen from the report that the above C.M.As have been filed against Ext.P5 common order passed by the Principal Munsiff, Thrissur in I.A.8027/2016 and I.A.8026/2016 in O.S.2044/2016 and after admitting the appeal, the appellate court had granted stay of operation of the interim orders passed by the court below, which according to the petitioner has caused serious prejudice to him and the appeals will have to be disposed of at the earliest possible time.

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Considering the fact that it is a new appeal, the court below said that however attempts will be made to dispose of the case within two months, but considering the nature of relief claimed and also the consequences of the orders passed, this court feels that the court below can be directed to expedite disposal of the appeals within a time frame as fixed by this court. So the petitions are disposed of as follows:

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The 4^th Additional District Judge, Thrissur is directed

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O.P.(C) NoS.2458 of 2016 & 2463 of 2016

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to expedite disposal of C.M.A.Nos.66/2016 and 67/2016 after advancing the hearing from 29.11.2016 to a near date as expeditiously as possible at any rate within 45 days from the date of receipt of this judgment.

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Registry is directed to communicate this judgment to the court below at the earliest.

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Sd/-

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(K. Ramakrishnan, Judge)

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//True Copy//

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P.A. to Judge

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Anto K.M v. South Indian Bank Officers Association (Siboa)

Case brief

What is this about?

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Anto K.M v. South Indian Bank Officers Association (Siboa)

Case brief

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