Dismissed

M/S.Fluid & Electrolytes (P) Ltd. v. M/S.Parallel Bottle Suppliers

Kerala HC3 Dec 2021FAO/26/2009

Case brief

AI extract

What is this about?

The High Court of Kerala dismissed two first appeals filed against civil orders without hearing the appellant, who failed to appear. The appeals were rejected for default due to non-appearance on the hearing dates, while the respondent was represented.

What did the court decide?

The appeals were dismissed for default due to the non-appearance of the appellant.

M/S.Fluid & Electrolytes (P) Ltd. Vs M/S.Parallel… — Execution and Attachment | Kerala HC (2021)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN

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THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR FRIDAY, THE 3^RD DAY OF DECEMBER 2021/ 12TH AGRAHAYANA, 1943 F.A.O.NO.25 OF 2009

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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

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APPELLANT:

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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.

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BY ADVS. SRI.T.RAVIKUMAR SMT.G.AMBILI

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RESPONDENT:

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M/S.PARALLEL BOTTLE SUPPLIERS, REP.BY ITS MANAGING PARTNER JOY OOMMEN, KADUVAKULAM, KOTTAYAM.

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BY ADVS. SRI.GEORGE VARGHESE MANACHIRACKEL SRI.JACOB MATHEW MANALIL

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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:

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F.A.O.Nos.25 & 26 of 2009

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN &

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THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR

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FRIDAY, THE 3^RD DAY OF DECEMBER 2021/ 12TH AGRAHAYANA, 1943

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F.A.O.NO. 26 OF 2009

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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

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APPELLANT:

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M/S.FLUID & ELECTROLYTES (P) LTD. REPRESENTED BY ITS MANAGING DIRECTOR,,

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DR.K.K.CHACKO, S/O.K.O.KURIAN, KALAPPURACKAL

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HOUSE, THIRUVATHUCKAL, VELOOR P.O.

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BY ADVS. SRI.T.RAVIKUMAR SMT.G.AMBILI

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RESPONDENTS:

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1 M/S.PARALLEL BOTTLE SUPPLIERS REPRESENTED BY ITS MANAGING PARTNER JOY OOMMEN, KADUVAKULAM, KOTTAYAM.

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2 CORPORATION BANK, VALAYIL BUILDINGS, SASTHRI ROAD, KOTTAYAM BRANCH, KOTTAYAM 686 001, REPRESENTED BY ITS MANAGER.

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BY ADVS.

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R1 BY SRI.GEORGE VARGHESE MANACHIRACKEL R1 BY SRI.JACOB MATHEW MANALIL R2 BY SRI.S.K.BALACHANDRAN

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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

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JUDGMENT

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Anil K. Narendran, J.

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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

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F.A.O.Nos.25 & 26 of 2009

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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.

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On 16.11.2021, when these appeals were taken up for consideration, the learned counsel for the respondent submitted that the matter has already been settled. On that day, there was no representation for the appellant. On 19.11.2021 also, there was no representation for the appellant.

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