This court dismissed the first appeals filed by the appellant as default judgments because no legal representation appeared on behalf of the appellant on the dates of hearing, despite the respondent appearing.
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 ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR FRIDAY, THE 3RD DAY OF DECEMBER 2021/ 12TH AGRAHAYANA, 1943 F.A.O.NO.25 OF 2009
AGAINST THE COMMON ORDER DATED 14.11.2008 IN I.A.NOS.2902 AND 2917 OF 2007 IN O.S.NO.775 OF 1995 OF THE PRINCIPAL SUB COURT, KOTTAYAM
APPELLANT:
M/S.FLUID AND ELECTROLYTES (P) LTD. REP.BY ITS MANAGING DIRECTOR, DR.K.K.CHACKO, S/O.K.O.KURIAN,KALAPPURACKAL HOUSE, THIRUVATHUCKAL, VELOOR.P.O.
BY ADVS. SRI.T.RAVIKUMAR SMT.G.AMBILI
RESPONDENT:
M/S.PARALLEL BOTTLE SUPPLIERS, REP.BY ITS MANAGING PARTNER JOY OOMMEN, KADUVAKULAM, KOTTAYAM.
BY ADVS. SRI.GEORGE VARGHESE MANACHIRACKEL SRI.JACOB MATHEW MANALIL
THIS FIRST APPEAL FROM ORDERS HAVING COME UP FOR FINAL HEARING ON 03.12.2021, ALONG WITH F.A.O.NO.26 OF 2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2
F.A.O.Nos.25 & 26 of 2009
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN &
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
FRIDAY, THE 3RD DAY OF DECEMBER 2021/ 12TH AGRAHAYANA, 1943
F.A.O.NO. 26 OF 2009
AGAINST THE COMMON ORDER DATED 05.07.2008 IN E.A.NOS.417 AND 418 OF 2007 IN E.P.NO.124 OF 1999 IN O.S.NO.775 OF 1995 OF PRINCIPAL SUB COURT, KOTTAYAM
APPELLANT:
M/S.FLUID & ELECTROLYTES (P) LTD. REPRESENTED BY ITS MANAGING DIRECTOR,,
DR.K.K.CHACKO, S/O.K.O.KURIAN, KALAPPURACKAL
HOUSE, THIRUVATHUCKAL, VELOOR P.O.
BY ADVS. SRI.T.RAVIKUMAR SMT.G.AMBILI
RESPONDENTS:
BY ADVS.
R1 BY SRI.GEORGE VARGHESE MANACHIRACKEL R1 BY SRI.JACOB MATHEW MANALIL R2 BY SRI.S.K.BALACHANDRAN
THIS FIRST APPEAL FROM ORDERS HAVING COME UP FOR FINAL HEARING ON 03.12.2021, ALONG WITH F.A.O.NO.25 OF 2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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F.A.O.Nos.25 & 26 of 2009
JUDGMENT
Anil K. Narendran, J.
The appellant herein is the defendant in O.S.No.775 of 1995 on the file of the Principal Sub Court, Kottayam. These appeals are filed under Order XLIII, Rule 1(j) read with Section 104 of the Code of Civil Procedure, 1908 against the common order dated 14.11.2008 in I.A.Nos.2902 and 2917 of 2007 in O.S.No.775 of 1995 and the common order dated 05.07.2008 in E.A.Nos.417 and 418 of 2007 in E.P.No.124 of 1999 in O.S.No.775 of 1995. E.A.No.418 of 2007 in E.P.No.124 of 1999 in O.S.No.775 of 1995 is an application filed under Order XXI, Rule 90 of the Code for setting aside the sale conducted on 17.01.2005 and confirmed on 17.03.2005. E.A.No.417 of 2007 is an application filed under Section 5 of the Limitation Act, for condonation of delay of 2 years and 9 months. I.A.No.2902 of 2007 is an application filed by the defendant under Order IX, Rule 13 read with
4
F.A.O.Nos.25 & 26 of 2009
Section 151 of the Code to set aside the exparte judgment and decree passed on 12.10.1998 in O.S.No.775 of 1995. I.A.No.2917 of 2007 is an application filed under Section 5 of the Limitation Act, for condoning the delay of 9 years, 11 months and 7 days in filing the application for setting aside the exparte decree on the file of the Principal Sub Court, Kottayam. The court below dismissed both the applications by order dated 05.07.2008 for the reasons stated therein.
5
F.A.O.Nos.25 & 26 of 2009
In such circumstances, these appeals are dismissed
for default.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
P.G. AJITHKUMAR, JUDGE
dkr
M/s. Fluid and Electrolytes (P) Ltd.
M/s. Parallel Bottle Suppliers
Corporation Bank
Anil K. Narendran
P.G. Ajithkumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
