Allowed

Ranju. a v. M/S Sree Gokulam Chits and Finance Co. (P) Ltd.

Kerala HC11 Jan 2024OP(C)/54/2024

Case brief

AI extract

What is this about?

The High Court allowed the original petition allowing petitioners to adduce additional evidence by examining a Bank Manager in an underlying commercial suit. The Court held no serious prejudice would result from reopening evidence despite the lack of a timely witness schedule.

What did the court decide?

IA No.5/2023 in C.S. 99/2022 allowed to call the Bank Manager as additional witness after filing a witness schedule.

Ranju. a Vs M/S Sree Gokulam Chits and… — Contract and Commercial Disputes | Kerala HC (2024)

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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 C. JAYACHANDRAN

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THURSDAY, THE 11^TH DAY OF JANUARY 2024 / 21ST POUSHA, 1945

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OP(C) NO. 54 OF 2024

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AGAINST THE ORDER IN CS 99/2022 OF ASSISTANT SESSIONS

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COURT/PRINCIPAL SUB COURT / COMMERCIAL COURT, KOLLAM

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PETITIONERS/PETITIONERS/DEFENDANTS 1 TO 3:

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1 RANJU. A AGED 55 YEARS S/O KAVIRAJAN, RESIDING AT MUKALUVILA VEEDU, CHERUNANGADU MURI, PAVITHRESWARAM VILLAGE, KOTTARKKARA TALUK, KOLLAM DISTRICT, PIN - 691624

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2 KAVITHA AGED 50 YEARS W/O RANJU, RESIDING AT MUKALUVILA VEEDU, CHERUNANGADU MURI, PAVITHRESWARAM VILLAGE, KOTTARKKARA TALUK, KOLLAM DISTRICT, PIN - 691624 3 KAVIRAJAN AGED 76 YEARS S/O RAGHAVAN, RESIDING RESIDING AT MUKALUVILA VEEDU, CHERUNANGADU MURI, PAVITHRESWARAM VILLAGE, KOTTARKKARA TALUK, KOLLAM DISTRICT, PIN - 691624 BY ADV A.JANI(KOLLAM)

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RESPONDENT/RESPONDENT/PLAINTIFF:

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M/S SREE GOKULAM CHITS AND FINANCE CO. (P) LTD HAVING REGISTERED OFFICE AT NO. 66, ARCOT ROAD, CHENNAI, TAMIL NADU STATE 600024, HAVING BRANCH OFFICE ALL OVER INDIA INCLUDING ONE AT BISHOP JEROME NAGAR, KOLLAM REPRESENTED BY SUNILKUMAR, AGED 45 YEARS, S/O GOPALAKRISHNA PANICKER, WORKING AS DEPUTY MANAGER, M/S SREE GOKULAM CHITS AND FINANCE CO. LTD, BISHOP JEROME NAGAR, KOLLAM, PIN - 691001

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THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 11.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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O.P.(C).No. 54 of 2024

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..2..

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J U D G M E N T

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Dated this the 11^th day of January, 2024

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Defendants 1 to 3 in C.S.No.99/2022 of the Principal Sub Court, Kollam, are the petitioners herein. They are aggrieved by Ext.P4 order, which refused an application to re-open the evidence for the purpose of examining only one witness, the Bank Manager. The reason stated for dismissal is that, the petitioners have not filed a witness schedule on time and that a witness schedule was not even filed along with the petition to reopen the evidence. According to the learned Sub Judge, no sufficient reason is shown to reopen

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the evidence.

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2. Having heard the learned counsel for the petitioners, this Court is inclined to allow this

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O.P.(C).No. 54 of 2024

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..3..

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Original Petition and to permit the petitioners to adduce additional evidence. This Court notice that Ext.A16 and A17 were produced only at the time of the trial by the plaintiff and it is to assail the veracity of said documents, that the petitioners seek to reopen the evidence, for the purpose of examining the Bank Manager. It appears that, no prejudice, much less any serious prejudice, will be caused to the plaintiffs by reopening the evidence and examining one more witness.

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3. In the circumstance, Ext.P3 I.A., bearing No. 5/2023, will stand allowed. The petitioners will immediately file a witness schedule, indicating the name of the Bank Manager concerned alone, as additional witness. The case will be proceeded by the learned Sub Judge, in accordance with law, permitting such additional evidence.

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O.P.(C).No. 54 of 2024

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..4..

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The Original Petition will disposed of as above.

Sd/-

C. JAYACHANDRAN

JUDGE

O.P.(C).No. 54 of 2024

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..5..

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APPENDIX OF OP(C) 54/2024

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PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE PLAINT DATED 20/07/2022 PREFERRED BY THE PLAINTIFF AS C.S. NO. 99 OF 2022 BEFORE THE COMMERCIAL COURT, KOLLAM Exhibit P2 A TRUE COPY OF THE WRITTEN STATEMENT DATED 21-11-2022 IN C.S. NO. 99 OF 2022 BEFORE THE COMMERCIAL COURT, KOLLAM Exhibit P3 A TRUE COPY OF PETITION FILED BY THE PETITIONERS IN IA NO 5/2023 IN C.S. NO. 99 OF 2022 BEFORE THE COMMERCIAL COURT, KOLLAM DATED 18/12/2023 Exhibit P4 A TRUE COPY OF THE ORDER DATED 18/12/2023 IN I.A. NO. 5 OF 2023 IN C.S. NO. 99 OF 2022 PASSED BY THE COMMERCIAL COURT, KOLLAM

Ranju. a v. M/S Sree Gokulam Chits and Finance Co. (P) Ltd.

Case brief

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What did the court decide?

Ranju. a v. M/S Sree Gokulam Chits and Finance Co. (P) Ltd.

Case brief

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What did the court decide?

What the court decided

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