Allowed

Joy Alukkas India Private Limited, v. Ashwin Gold Private Limited

Kerala HC19 Jul 2023OP(C)/780/2019

Case brief

AI extract

What is this about?

This order permitted payment of court fee within 15 days. Failure would lead to withdrawal of stay on the suit entitled Order 7 Rule 11 CPC rejection. The petitioner was originally allowed summary suit status despite lack of income disclosure.

What did the court decide?

Permitted payment of entire court fee within 15 days; otherwise plaint rejected under Order 7 Rule 11 CPC.

1JOY ALUKKAS INDIA PRIVATE LIMITED, 5/309-3, FATHIMA NAGAR, MISSION QUARTERS, THRISSUR, KERALA, INDIA-680005, REPRESENTED BY ITS DIRECTOR AND AUTHORISED SIGNATORY, SRI.P.P. JOSE AGED 74, S/O.PYLOTH, RESIDING AT PUDUKKADAN, KORATTY P.O, MUKUNDAPURAM, THRISSUR-680308.

2ALUKKAS VARGHESE JOY, JOY ALUKKAS INDIA PVT.LTD, MISSION QUARTERS, THRISSUR, KERALA, INDIA-680000 BY ADVS. ASWIN GOPAKUMAR SRI.ANWIN GOPAKUMAR SMT.KALA G.NAMBIAR SRI.K.AMAL NATH NAIK SRI.ARJUN SANTHOSH SRI.RENOY VINCENT SMT.HEBA SARA ABRAHAM SRI.NIRANJAN SUDHIR

1ASHWIN GOLD PRIVATE LIMITED, 11/422, SANJAY NIWAS, KANAYANNUR TALUK, MULANTHURUTHY VILLAGE P.O, MULANTHURUTHY, ERNAKULAM DISTRICT, KERALA PIN-682314, HAVING BRANCH OFFICE AT MAHAKAVI BHARATHIYAR ROAD, ERNAKULAM , REPRESENTED BY ITS MANAGING DIRECTOR SANJAY SUBARAO NIKAM. 2THE DISTRICT COLLECTOR, ERNAKULAM, REPRESENTED BY THE VILLAGE OFFICER, MULANTHURUTY-682314.

The plaintiff herein came up with an indigent application so as to avoid payment of court fee, which comes to more or less Rs.12,00,000/- at the initial stage, with a schedule attached to the application without specifying whether he is maintaining any bank account in his name or not. The learned counsel for the respondents/indigent petitioners fairly submitted that he is an income tax payee and is doing the business of importing gold under the license granted by the Central Government and the authority under the Central Government. But it is not mentioned what is the annual turn over of the petitioner for the last year, just before the institution of the suit and how much he had paid by way of income tax. During the course of argument, the learned counsel for the respondents/indigent petitioners fairly submitted that there is some bank liability and he is doing the business with the bank assistance and as such,

he will have to pay the bank loan by installments, for which, necessarily there should be income. But, it is not disclosed anywhere in the application, what is the income derived by the petitioner, annually or monthly. It is fairly submitted that he is having an unemployed wife and also two minor children, who are pursuing their studies. They do not have any source of income, but depending on the petitioner. Necessarily, the petitioner should satisfy the court with respect to his income and the expenditures that cannot be avoided, such as maintaining his wife, pursuing the studies of his two minor children and also to meet the payment of loan amount with the bank. All these are kept in darkness by the petitioner. The trial court has allowed the application under Ext.P11 order, overlooking the objection raised by the respondents. As such, the non-disclosure of details of income derived by the petitioner and the assets held by him, annual turnover of his business of gold import

and payment of the income tax to the concerned authority would certainly disentitle the party to the benefit of Order 33 Rule 1 CPC. It is also submitted by the learned counsel for the petitioner that after maintaining this application, the entire family went abroad for a short tour and came back and they sold one Innova car during the interregnum. Hence, Ext.P11 order will stand set aside. The plaintiffs are hereby permitted to pay the entire court fee within 15 days from the next posting date, failing which, the plaint will stand rejected under Order 7 Rule 11 CPC.

`PETITIONER EXHIBITS` `EXHIBIT P1`	`TRUE COPY OF THE` `RAISED BY THE 1ST`	`INVOICE DATED 30.06.2014` `RESPONDENT.`
`EXHIBIT P2`	`TRUE COPY OF THE` `01-16-17 IN C.NO.` `DATED 30.05.2016` `OF CUSTOMS(PREVEN`	`ORDER NO.COC-CUSTM-PRV-COM-` `VIII/10/02/2016/CCP ADJ` `PASSED BY THE COMMISSIONER` `TIVE) ERNAKULAM.`
`EXHIBIT P3`	`TRUE COPY OF THE` `THE 1ST RESPONDEN` `PRINCIPAL SUB COU`	`I.O.P. NO.4 OF 2017 FILED BY` `T BEFORE THE HON'BLE` `RT, ERNAKULAM.`
`EXHIBIT P4`	`TRUE COPY OF THE` `I.O.P NO.4 OF 201`	`I.A NO.1902 OF 2017 FILED IN` `7.`
`EXHIBIT P5`	`TRUE COPY OF THE` `PETITIONERS TO I.`	`OBJECTION FILED BY THE` `O.P NO.4 OF 2017.`
`EXHIBIT P6`	`TRUE COPY OF THE` `NO.1902 OF 2017 I`	`COUNTER AFFIDAVIT TO I.A` `N I.O.P 4 OF 2017.`
`EXHIBIT P7`	`TRUE COPY OF THE` `RIGHT TO INFORMAT` `PUBLIC INFORMATIO` `AND SERVICE TAX A` `ZONAL BENCH, BANG`	`APPLICATION FILED UNDER` `ION ACT, 2005 BEFORE THE` `N OFFICER, CUSTOMS, EXCISE` `PPELLATE TRIBUNAL, SOUTH` `ALORE.`
`EXHIBIT P8`	`TRUE COPY OF THE` `SECTION 7 OF THE` `2005 IN REGARD TO` `DEPOSIT BY THE 1S` `MANAGING DIRECTOR` `CUSTOMS EXCISE AN` `TRIBUNAL, SOUTH Z`	`INFORMATION RECEIVED UNDER` `RIGHT TO INFORMATION ACT,` `PAYMENT OF MANDATORY PRE` `T RESPONDENT AND ITS` `IN APPEALS FILED BEFORE THE` `D SERVICE TAX APPELLATE` `ONAL BENCH, BANGALORE,`
`EXHIBIT P9`	`TRUE COPY OF THE` `I.O.P NO.4 OF 201` `PRINCIPAL SUB COU`	`I.A NO.2413 OF 2018 FILED IN` `7 BEFORE THE HON'BLE` `RT, ERNAKULAM.`
`EXHIBIT P10`	`TRUE COPY OF THE` `1ST RESPONDENT.`	`PROOF AFFIDAVIT FILED BY THE`
`EXHIBIT P11`	`TRUE COPY OF THE` `I.A NO.1902/2017` `BY THE HONOURABLE` `COURT, ERNAKULAM.`	`ORDER DATED 24.10.2018 IN` `IN I.O.P. NO.4/2017 PASSED` `PRINCIPAL, SUBORDINATE`
`RESPONDENT EXHIBITS`
`EXHIBIT R1-1`	`TRUE COPY OF KVAT`	`REGISTRATION CERTIFICATE.`
`EXHIBIT R1-2`	`TRUE COPY OF THE` `FROM 01/06/2013 T`	`KVAT RETURN FOR HE PERIOD` `O 30/06/2014.`

PETITIONER EXHIBITS
EXHIBIT P1

TRUE COPY OF THE
RAISED BY THE 1ST

INVOICE DATED 30.06.2014
RESPONDENT.

EXHIBIT P2

TRUE COPY OF THE
01-16-17 IN C.NO.
DATED 30.05.2016
OF CUSTOMS(PREVEN

ORDER NO.COC-CUSTM-PRV-COM-
VIII/10/02/2016/CCP ADJ
PASSED BY THE COMMISSIONER
TIVE) ERNAKULAM.

EXHIBIT P3

TRUE COPY OF THE
THE 1ST RESPONDEN
PRINCIPAL SUB COU

I.O.P. NO.4 OF 2017 FILED BY
T BEFORE THE HON'BLE
RT, ERNAKULAM.

EXHIBIT P4

TRUE COPY OF THE
I.O.P NO.4 OF 201

I.A NO.1902 OF 2017 FILED IN
7.

EXHIBIT P5

TRUE COPY OF THE
PETITIONERS TO I.

OBJECTION FILED BY THE
O.P NO.4 OF 2017.

EXHIBIT P6

TRUE COPY OF THE
NO.1902 OF 2017 I

COUNTER AFFIDAVIT TO I.A
N I.O.P 4 OF 2017.

EXHIBIT P7

TRUE COPY OF THE
RIGHT TO INFORMAT
PUBLIC INFORMATIO
AND SERVICE TAX A
ZONAL BENCH, BANG

APPLICATION FILED UNDER
ION ACT, 2005 BEFORE THE
N OFFICER, CUSTOMS, EXCISE
PPELLATE TRIBUNAL, SOUTH
ALORE.

EXHIBIT P8

TRUE COPY OF THE
SECTION 7 OF THE
2005 IN REGARD TO
DEPOSIT BY THE 1S
MANAGING DIRECTOR
CUSTOMS EXCISE AN
TRIBUNAL, SOUTH Z

INFORMATION RECEIVED UNDER
RIGHT TO INFORMATION ACT,
PAYMENT OF MANDATORY PRE
T RESPONDENT AND ITS
IN APPEALS FILED BEFORE THE
D SERVICE TAX APPELLATE
ONAL BENCH, BANGALORE,

EXHIBIT P9

TRUE COPY OF THE
I.O.P NO.4 OF 201
PRINCIPAL SUB COU

I.A NO.2413 OF 2018 FILED IN
7 BEFORE THE HON'BLE
RT, ERNAKULAM.

EXHIBIT P10

TRUE COPY OF THE
1ST RESPONDENT.

PROOF AFFIDAVIT FILED BY THE

EXHIBIT P11

TRUE COPY OF THE
I.A NO.1902/2017
BY THE HONOURABLE
COURT, ERNAKULAM.

ORDER DATED 24.10.2018 IN
IN I.O.P. NO.4/2017 PASSED
PRINCIPAL, SUBORDINATE

RESPONDENT EXHIBITS

EXHIBIT R1-1

TRUE COPY OF KVAT

REGISTRATION CERTIFICATE.

EXHIBIT R1-2

TRUE COPY OF THE
FROM 01/06/2013 T

KVAT RETURN FOR HE PERIOD
O 30/06/2014.

EXHIBIT R1-4 & 5OFFICE COPY OF THE LEGAL NOTICE DATED 04/10/2016 AND ITS REPLY DATED 12/01/2017. EXHIBIT R-16, 7 & 8TRUE COPY OF THE REVENUE RECOVERY PROCEEDINGS DATED 23/09/2014 AND 13/02/2015, 30/07/2015.

Joy Alukkas India Private Limited, v. Ashwin Gold Private Limited

Case brief

What is this about?

What did the court decide?

Joy Alukkas India Private Limited, v. Ashwin Gold Private Limited

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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