COURT OF KERALA AT ERNAKULAM PRESENT THE…
Original petition dismissed as withdrawn with liberty to file appropriate proceedings to challenge the impugned order; pendency period exempted from limitation.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE MARY JOSEPH
WEDNESDAY, THE 14TH DAY OF DECEMBER 2022 / 23RD AGRAHAYANA, 1944
OP(C) NO. 1649 OF 2022
AGAINST THE JUDGMENT DATED 30.07.2022 IN CMA NO.11/2022 PASSSED BY
THE SUB COURT,KANNUR
PETITIONERS/APPELLANTS/PETITIONERS/PLAINTIFFS:
1M/S ADHWAPATI ORGANIC AGRO HOLDINGS PVT. LTD.,
REG. OFFICE: 7-2-709, 3RD FLOOR, LALCHAND COMPLEX,PLOT MARKET,
SECUNDRABAD, HYDERABAD, TELANGANA - 500 003
REPRESENTED BY ITS DIRECTOR,SOORYAJEETH
2SOORYAJEETH,
DIRECTOR, M/S ADHWAPATI ORGANIC AGRO HOLDINGS PVT.LTD,
7-2-709, 3RD FLOOR, LALCHAND COMPLEX,
PLOT MARKET, SECUNDRABAD, HYDERABAD,
TELANGANA – 500 003
BY ADVS.SRI.V.G.ARUN
SRI.V.JAYA RAGI
SRI.NEERAJ NARAYAN
SRI.R.HARIKRISHNAN (KAMBISSERIL)
SRI.AVANEETH S.R.
RESPONDENT/RESPONDENT/RESPONDENT/DEFENDANT:
M/S KRISHNA JEWELS,
REG. OFFICE, COLOMBO HOUSE,
THAVAKKARA,KANNUR - 670 001.
REPRESENTED BY ITS
MANAGING PARTNER MR.C.V.RAVINDRANATH
BY ADVS.SRI.SHAJI THOMAS
SRI.MOHAN PULIKKAL
SRI.K.BABU
SRI.JEN JAISON
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 14.12.2022, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
O.P(C). No.1649 of 2022
2
JUDGMENT
Dated this the 14th day of December, 2022
It is submitted by the learned counsel for the Petitioners
in the Original Petition that his remedy does not lie in the Original Petition filed, but elsewhere. Therefore, he wants to withdraw the Original Petition and to move to the appropriate forum for the purpose.
The Petitioners will also get the benefit of getting the period for which the Original Petition was pending before this Court exempted while computing the limitation period.
MARY JOSEPH JUDGE
MJL
2 issues framed by the court
Whether the withdrawal of the original petition should be allowed with liberty to approach the appropriate forum.
Whether the period of pendency of the original petition before this Court should be exempted from limitation.
M/S ADHWAPATI ORGANIC AGRO HOLDINGS PVT. LTD.
SOORYAJEETH
M/S KRISHNA JEWELS
MARY JOSEPH
As recorded by the court registry
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