Dismissed

V.J.Paul Joseph v. Mr. K. Narayana Kurup (Retd. Judge)

Kerala HC18 Nov 2019WA/2000/2019

Case brief

AI extract

What is this about?

In this writ appeal against a judgment granting liberty to file an application before the Tribunal, the appellant sought and obtained permission to withdraw the appeal on 18.11.2019. The High Court dismissed the appeal and denied permission to file a fresh appeal on the same cause of action.

What did the court decide?

Permission granted to withdraw the writ appeal. Leave refused to file a fresh writ appeal on the same cause of action.

V.J.Paul Joseph Vs Mr. K. Narayana Kurup (Retd. Judge) — Company and Corporate | Kerala HC (2019)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR

¶4

¶5

THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE

¶6

MONDAY, THE 18TH DAY OF NOVEMBER 2019 / 27TH KARTHIKA, 1941

¶7

WA.No.2000 OF 2019

¶8

AGAINST THE JUDGMENT IN WP(C) 21659/2019(F) OF HIGH COURT OF KERALA DAED 2.9.2019

¶9

APPELLANT/PETITIONER:

¶10

V.J.PAUL JOSEPH AGED 43 YEARS, S/O. JOSEPH, VALIYAPARAMBIL HOUSE, N.K SREEDHARAN ROAD, PACHALAM P.O, COCHIN 682 012

¶11

BY ADVS. SRI.RENJITH B.MARAR SRI.SADCHITH.P.KURUP SMT.LAKSHMI.N.KAIMAL SRI.C.P.ANIL RAJ SMT.K.S.SINDHU

¶12

RESPONDENTS/RESPONDENTS:

¶13

1 MR. K. NARAYANA KURUP (RETD. JUDGE) ADMINISTRATOR, BHAGYODAYAM COMPANY, PACHALAM, COCHIN 682 012

¶14

2 THE BHAGYODAYAM COMPANY, CHATHIATH, PACHALAM, COCHIN 682 012 REP BY THE ADMINISTRATOR

¶15

3 ALEXANDER CORREYA, S/O. LAWRENCE KORREYA, CORREYA COTTAGE, CORREYA ROAD, PACHALAM, COCHIN 682 012

¶16

4 HENDRY PETER, SON OF PETER, KOLOTHUMVEETTIL, TOLL GATE ROAD, VADUTHALA P.O, COCHIN 682 023.

¶17

W.A.2000/2019

¶18

¶19

5	V.R JUDE JOSE, S/O. RAPHEL, VAZHUVELI HOUSE,
	VADUTHALA P.O, COCHIN 682 023.
6	P.J GREGORY,
	S/O. JOSEPH,
	PANDIYATHUMPARAMBIL HOUSE,
	VADUTHALA P.O, COCHIN 682 023
7	P J JOSEPH,
	S/O. JOHN, PADINJATTUMURI HOUSE,
	VADUTHALA P.O, COCHIN 682 023
8	V.J PETER,
	S/O. JOSEPH,
	VALIYAPARAMBIL HOUSE,
	VADUTHALA P.O, COCHIN 682 023
9	GILROY MENDEZ,
	S/O. ANTONY MENDEZ,
	VALIYAPARAMBIL HOUSE,
	VADUTHALA P.O, COCHIN 682 023
10	KATHRIKUTTY AUGUSTHY,
	W/O. SHANKAR LAL, FLAT NO. B-10,
	JEWEL BLUE BELL TOWER,
	KANNACHANTHODU ROAD,
	AYYAPPANKAVU, ERNAKULAM NORTH P.O,
	ERNAKULAM 682 018
11	ULLAS SHANKAR PUROHIT,
	S/O. SHANKAR LAL, FLAT NO. B-10,
	JEWEL BLUE BELL TOWER,
	KANNACHANTHODU ROAD,
	AYYAPPANKAVU, ERNAKULAM NORTH P.O,
	ERNAKULAM 682 018
12	DEEPA SIMON,
	W/O. ULLAS SHANKAR PUROHIT,
	FLAT NO. B-10, JEWEL BLUE BELL TOWER,
	KANNACHANTHODU ROAD, AYYAPPANKAVU,
	ERNAKULAM NORTH P.O, ERNAKULAM 682 018

¶20

W.A.2000/2019

¶21

¶22

13 NATIONAL COMPANY LAW APPELLATE TRIBUNAL, 3RD FLOOR, PANDIT DEENDAYAL ANTYODAYA BHAWAN, CGO COMPLEX, LODHI ROAD, NEW DELHI, DELHI- 110 003.

¶23

14 P.A JOHN BOSCO, AGED 58 YEARS, S/O. LATE ALEX P J, PADINJATTUMMURI HOUSE, PUSHPAKA ROAD, VADUTHALA P.O, KOCHI 682 023

¶24

R3-5 BY ADV. SRI.A.C.VENUGOPAL R13 BY SMT.MAHESWARY.G., CGC

¶25

THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 18.11.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

W.A.2000/2019

JUDGMENT

Dated this the 18th day of November 2019

¶30

S. Manikumar, CJ

¶31

Writ appeal is filed against the judgment made in W.P(C). No.31659 of 2019 dated 2.9.2019, by which the writ court while dismissing the writ petition granted liberty to the petitioner/appellant to file suitable application before the Tribunal, if so advised. In paragraph 7 of the judgment, the writ court issued the following direction:

¶32

“7. So far as consideration of Ext.P9 affidavit is concerned, respondents 2 to 5 have produced, Ext.R3(j), from where it is clear that, Ext.P9, affidavit will be considered on 6.9.2019 on which, date the petitioner was directed to appear in person, before the Tribunal. Therefore, I have no reason to think that the Tribunal will not take into account Ext.P9 affidavit submitted by the petitioner in accordance with law.

¶33

Writ petition is dismissed, however, with the above observations.”

¶34

On this day when the matter came up for hearing, Smt. Lakshmi. N. Kaimal, learned counsel for the appellant seeks permission to withdraw the appeal.

¶35

W.A.2000/2019

¶36

¶37

The appeal is dismissed. No leave is granted to file fresh writ

¶38

appeal on the same cause of action.

¶39

Sd/-

¶40

S. Manikumar, Chief Justice

¶41

Sd/A.M. Shaffique, Judge

¶42

sou.

V.J.Paul Joseph v. Mr. K. Narayana Kurup (Retd. Judge)

Case brief

What is this about?

What did the court decide?

V.J.Paul Joseph v. Mr. K. Narayana Kurup (Retd. Judge)

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

A.P. Varghese Vs the Chief Manager (Authorised Officer )

Swathiraj.M.S., Vs Union of India

Shajima Ibrahim Vs State of Kerala

Attingal Municipal Town Service Co-Operative Bank Ltd. Vs Chandran Pillai.N

Poothadi Grama Panchayath Vs S.C.Sukumaran

The Kozhikode District Co-Operative Bank Ltd. Vs M.K.Devadas