The High Court at Ernakulam disposed of an original civil petition seeking orders regarding the affixture and speed post notice in an execution petition, directing respondents to appear in the Execution Court.
Directing respondents to appear in Execution Court on 28/01/2019 and deeming service of notice under Order 21 Rule 37 CPC.
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 SATHISH NINAN
TUESDAY ,THE 22ND DAY OF JANUARY 2019 / 2ND MAGHA, 1940
OP(C).No. 88 of 2019
EP 97/2013 of II ADDL.DISTRICT COURT, KOLLAM
PETITIONER:
M/S.AHCOM SARL
GALARIE DU GRAND LARGE, 42 QUAL JEAN-CHARLES REY, 98000 MONACO REP BY ITS AUTHORISED SIGNATORY ANHILKUMAR S, 55 YRS, S/O.SREEDHARAN, 237, 13TH STREET, GIRINAGAR, KADAVANTHARA.P.O., COCHIN-682020.
BY ADV. SRI.T.R.ASWAS
RESPONDENTS:
1 M/S.PENIEL CASHEW COMPANY PUTHOOR.P.O., KOLLAM-691507 REP BY ITS PROPRIETOR JOB G.OOMMEN.
2 JOB G.OOMMEN, VARUR MADATHILAZHIKATHU, PUTHOOR, KOLLAM-691507. BY ADV. SRI.N.D.PREMACHANDRAN
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 22.01.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
2
OP(C).No. 88 of 2019
JUDGMENT
The original petition is filed seeking the following reliefs:
“i) direct the IInd Additional District Court to forthwith pass urgent order in Ext.P5 viz E.A 502/18 in E.P No.97/13 filed by the petitioner praying Affixture and Speed Post-notice, pending before that court,
ii) pass such other orders that may be prayed for and deemed fit to grant in the facts and circumstances of the case”
The original petition is disposed of as above.
Sd/-
SATHISH NINAN
JUDGE
rsr
3
OP(C).No. 88 of 2019
APPENDIX OF OP(C) 88/2019
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF REPORTED DIVISION BENCH JUDGMENT 2017(4) KLT 1232 IN OP(C)2913/2017 DTD 27/10/2017.
EXHIBIT P2 TRUE COPY OF THE REPORT OF THE PROCESSSERVER SMT.RAJITHA R.C. FOR RETURNING THE NOTICE UNSERVED.
EXHIBIT P3 TRUE COPY OF THE PETITION FOR ARREST VIZ E.A.NO.132/18 AND THE PROCEEDINGS THEREIN.
EXHIBIT P4 TRUE COPY OF REPORT OF THE PROCESS-SERVER SRI.N.SASANKAN FOR RETURNING THE NOTICE UNSERVED.
EXHIBIT P5 TRUE COPY OF THE PETITION FOR AFFIXTURE AND SPEED POST FILED BY THE PETITIONER IN E.P.NO.97/13 IN THE COURT BELOW.
EXHIBIT P6
TRUE WRITTEN DOWN COPY OF THE REPORT OF THE PROCESS-SERVER SRI.N.SASANKAN RETURNING THE NOTICE UNSERVED.
M/S.AHCOM SARL
M/S.PENIEL CASHEW COMPANY PUTHOOR.P.O., KOLLAM-691507
JOB G.OOMMEN
SATHISH NINAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
