The High Court dismissed the Original Petition upon the petitioner's concession that a new suit was filed elsewhere. The court directed the lower court to cease and close proceedings in O.S.325/2019 as it was not pressed.
Original Petition dismissed; directions to lower court to cease action in and close O.S.325/2019.
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 DEVAN RAMACHANDRAN
TUESDAY, THE 15TH DAY OF SEPTEMBER 2020 / 24TH BHADRA, 1942
OP(C).No.752 OF 2020
AGAINST THE ORDER IN CMA 99/2019 OF ADDITIONAL DISTRICT COURT & SESSIONS COURT - VII, ERNAKULAM
PETITIONER:
V.M.H.AHAMADULLAH, AGED 55 YEARS S/O.V.M.HYDERALI, PROPRIETOR, M/S.NEW JUBILEE MARKETING, 4TH FLOOR, MAM TOWER, KALOOR KADAVANTHARA ROAD, ERNAKULAM - 682 018.
BY ADVS. SRI.ASWIN GOPAKUMAR SRI.ANWIN GOPAKUMAR SRI.K.AMAL NATH NAIK SRI.NIRANJAN SUDHIR SRI.FEMY ANN JOHNSON SRI.REUBEN PHILIP ABRAHAM SRI.KANDAMPULLY VIKRAM
RESPONDENTS:
1 HDFC BANK LIMITED, SUDHAS BUILDING, MADHAVA PHARMACY JUNCTION, BANERJI ROAD, ERNAKULAM - 682018, REPRESENTED BY ITS BRANCH MANAGER.
2 ITC LIMITED, VIRGINIA HOUSE, 37, J.L.NEHRU ROAD, KOLKATA - 700 071, REPRESENTED BY ITS MANAGING DIRECTOR.
R1 BY SRI.T.RAJESH, SC, HDFC BANK LTD. R2 BY ADV. SRI.S.V.BALAKRISHNA IYER (SR.) R2 BY ADV. SRI.V.B.UNNIRAJ
THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 15.09.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OPC 752/20
2
JUDGMENT
Sri.Aswin Gopakumar, learned counsel for
the petitioner, concedes that a new suit, namely O.S.No.692/2020, has already been filed before the III Additional Munsiff's Court, Ernakulam and that no further orders are required in this Original Petition or in O.S.325/2019 on the files of the II Additional Munsiff's Court, Ernakulam.
Taking note of the afore submissions, I dismiss this Original Petition; with a further direction to the II Additional Munsiff's Court, Ernakulam, to cease all further action in O.S.325/2019 and to close the same, as having been not pressed.
Sd/-
DEVAN RAMACHANDRAN
RR
JUDGE
OPC 752/20
3
APPENDIX
PETITIONER'S/S EXHIBITS:
| EXHIBIT P1 | TRUE COPY OF THE AGREEMENT EXECUTED |
|---|---|
| BETWEEN THE PLAINTIFF AND THE 2ND RESPONDENT DATED 01/08/2011. |
|
| EXHIBIT P2 | TRUE COPY OF THE BANK GUARANTEE NO.020GT01112740001 FURNISHED BY THE 1ST RESPONDENT TO THE 2ND RESPONDENT ON BEHALF OF THE PLAINTIFF DATED 01/10/2011. |
| EXHIBIT P3 | TRUE COPY OF THE AGREEMENT EXECUTED BETWEEN THE PLAINTIFF AND THE 2ND RESPONDENT DATED 10/10/2012. |
| EXHIBIT P4 | TRUE COPY OF THE ORDER PASSED BY THE DEPUTY COMMISSIONER (APPEALS), ERNAKULAM IN KVATA -1614/15 DATED 17/09/2016. |
| EXHIBIT P5 | TRUE COPY OF THE PRE-ASSESSMENT NOTICE ISSUED BY THE ASSISTANT COMMISSIONER, COMMERCIAL TAXES UNDER SECTION 25(1) OF THE KVAT ACT FOR THE PERIOD 2013-14 DATED 03/07/2015. |
| EXHIBIT P6 | A TRUE COPY OF THE ASSESSMENT ORDER DATED 10/07/2019 PASSED BY THE ASSISTANT COMMISSIONER (ASSESSMENT), SPECIAL CIRCLE II, SGST DEPARTMENT, ERNAKULAM FOR THE PERIOD OF 2013-14. |
| EXHIBIT P7 | A TRUE COPY OF A NEWSPAPER REPORT SHOWING TAKEOVER OF 2ND RESPONDENTS CLOTHING BRAND 'JOHN PLAYERS' BY RELIANCE RETAILS. |
| EXHIBIT P8 | TRUE COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT TO THE PLAINTIFF DATED 26/09/2018. |
| EXHIBIT P9 | TRUE COPY OF EMAIL DATED 14/3/2019 SENT BY 2ND RESPONDENT DETAILING THE OUTSTANDING DUES BY THE PETITIONER. |
OPC 752/20
4
| EXHIBIT P10 | TRUE COPY OF THE E-MAIL SENT BY THE 2ND RESPONDENT, DIRECTING PLAINTIFF TO PAY AN AMOUNT OF RS.20,26,720/- DATED 01/03/2019. |
|---|---|
| EXHIBIT P11 | TRUE COPY OF THE OUTSTANDING PAYMENT SUMMARY ISSUED TO THE PLAINTIFF BY THE 1ST RESPONDENT DATED 01/03/2019. |
| EXHIBIT P12 | A TRUE COPY OF THE ORDER DATED 04/09/2019 IN I.A.NO.1956/2019 IN O.S.NO.325/2019 ON THE FILES OF II ADDL. MUNSIFF COURT, ERNAKULAM. |
| EXHIBIT P13 | A TRUE COPY OF THE ORDER DATED 25/02/2020 BY THE ADDITIONAL DISTRICT JUDGE-VII, ERNAKULAM IN C.M.A.NO.99/2019. |
V.M.H.AHAMADULLAH
HDFC BANK LIMITED
ITC LIMITED
DEVAN RAMACHANDRAN
DEVAN RAMACHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
