The High Court dismissed the first appeal and original petition upon confirmation that the parties had settled all disputes and executed a memorandum of agreement via mediation.
The appeals and original petitions are disposed of based on the settlement agreement executed by the parties.
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.
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OP(C).3741/2013, FAO.301/2013
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K.HARILAL
&
THE HONOURABLE MR.JUSTICE C.S.DIAS
MONDAY, THE 02ND DAY OF DECEMBER 2019 / 11TH AGRAHAYANA, 1941
OP(C).No.3741 OF 2013(O)
AGAINST THE ORDER IN I.A. NO.1660/2012 IN OS 298/2012 DATED 2509-2013 OF SUB COURT,KOTTARAKKARA
PETITIONER/S:
S. AJITH KUMAR S/O.SUGATHAN, PUTHENVILA VEEDU, KATTADY P.O., POOYAPPALLY, KOTTARAKKARA.
BY ADVS. SRI.P.MARTIN JOSE SRI.M.A.MOHAMMED SIRAJ SRI.P.PRIJITH SRI.THOMAS P.KURUVILLA
RESPONDENT/S:
SREE GOKULAM CHITS AND FINANCE COMPANY PVT. LTD. NO.66, ARCOT ROAD, CHENNAI - 600 024, REPRESENTED BY ITS MANAGING DIRECTOR, A.M.GOPALAN, S/O.A.M.CHATHU, LIJISHA, NO.II, 2ND STREET, TRUSTIPURAM, KODAMPAKKAM, CHENNAI - 600 024, NOW AT ERNAKULAM.
R1 BY ADV. SRI.M.SREEKUMAR B/O R1 BY ADV. SRI.A.ABDUL KHARIM R1 BY ADV. SRI.K.JAYAKUMAR SR.
THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 02.12.2019, ALONG WITH FAO.301/2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2
OP(C).3741/2013, FAO.301/2013
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K.HARILAL
&
THE HONOURABLE MR.JUSTICE C.S.DIAS
MONDAY, THE 02ND DAY OF DECEMBER 2019 / 11TH AGRAHAYANA, 1941
FAO.No.301 OF 2013
AGAINST THE ORDER IN I.A 965/2012 IN OS 204/2012 DATED 25-092013 OF SUB COURT,KOTTARAKKARA
APPELLANT/S:
S. AJITH KUMAR, S/O. SUGATHAN, PUTHENVILA VEEDU, KATTADY P.O., POOYAPPALLY, KOTTARAKKARA.
BY ADVS. SRI.P.MARTIN JOSE SRI.M.A.MOHAMMED SIRAJ SRI.P.PRIJITH
RESPONDENT/S:
1 SREE GOKULAM CHITS AND FINANCE COMPANY PVT LTD NO.66, ARCOT ROAD, CHENNAI-600 024, REPRESENTED BY ITS MANAGING DIRECTOR, A.M.GOPALAN, S/O. A.M.CHATHU, LIJISHA, KODAMPAKAM, TRUSTIPURAM, SECOND CROSS NO.11, CHENNAI-600 024.
2 SREE GOKULAM INVESTMENTS A PROPRIETARY CONCERN NO.66, ARCOT ROAD, CHENNAI600 024, REPRESENTED BY ITS PROPRIETOR, A.M.GOPALAN, S/O. A.M.CHATHU, LIJISHA, KODAMPAKAM, TRUSTIPURAM, SECOND CROSS NO.11, CHENNAI-600 024.
S/O. A.M.CHATHU, LIJISHA, KODAMPAKAM, TRUSTIPURAM, SECOND CROSS NO.11, CHENNAI-600024.
R1-3 BY ADV. SRI.M.SREEKUMAR R1-3 BY ADV. SRI.K.JAYAKUMAR (SR.)
THIS FIRST APPEAL FROM ORDERS HAVING BEEN FINALLY HEARD ON 02.12.2019, ALONG WITH OP(C).3741/2013(O), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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OP(C).3741/2013, FAO.301/2013
COMMON JUDGMENT
C.S.DIAS, J.
The above First Appeal and the Original Petition are filed challenging the orders passed by the Sub Court, Kottarakkara.
Sd/-
K.HARILAL
JUDGE
Sd/-
C.S.DIAS
SKS/3.12.2019 JUDGE
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OP(C).3741/2013, FAO.301/2013
APPENDIX OF OP(C) 3741/2013
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 EXHIBIT P1. TRUE COPY OF THE PLAINT IN O.S.NO.204/2012 OF SUB COURT, KOTTARAKKARA FILED BY THE PETITIONER HEREIN. EXHIBIT P2 EXHIBIT P2. TRUE COPY OF THE PLAINT IN O.S.NO.198/2012 OF SUB COURT, KOTTARAKKARA FILED BY THE RESPONDENT HEREIN. EXHIBIT P3 EXHIBIT P3. TRUE COPY OF THE PLAINT IN O.S.NO.298/2012 OF SUB COURT, KOTTARAKKARA FILED BY THE RESPONDENT HEREIN. EXHIBIT P4 EXHIBIT P4. TRUE COPY OF ATTACHMENT PETITION AS I.A.NO.1660/2012 IN O.S.NO.298/2012 OF SUB COURT, KOTTARAKKARA FILED BY THE RESPONDENT HEREIN. EXHIBIT P5 EXHIBIT P5. TRUE COPY OF ATTACHMENT SCHEDULE IN I.A.NO.1660/2012 IN O.S.NO.298/2012 OF SUB COURT, KOTTARAKKARA FILED BY THE RESPONDENT HEREIN.
EXHIBIT P6 EXHIBIT P6. TRUE COPY OF COUNTER AFFIDAVIT IN I.A.NO.1660/2012 IN O.S.NO.298/2012 OF SUB COURT, KOTTARAKKARA FILED BY THE PETITIONER HEREIN.
EXHIBIT P7 EXHIBIT P7. TRUE COPY OF COMMON ORDER IN O.S.NO.198/2012 IN O.S.NO.204/2012 AND O.S.NO.298/2012 OF SUB COURT, KOTTARAKKARA.
S. Ajith Kumar
Sree Gokulam Chits and Finance Company Pvt Ltd
Sree Gokulam Investments
A.M. Gopalan
K. Harilal
C. S. Dias
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
