Regular first appeal against a decree in a money suit based on a dishonoured cheque. After mediation failed and the appellant failed to pay the balance court fee even within extended time, the appeal was rejected on that ground.
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R.F.A.No.353 of 2022
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
TUESDAY, THE 4TH DAY OF JUNE 2024 / 14TH JYAISHTA, 1946
RFA NO.353OF 2022
AGAINST THE JUDGMENT AND DECREE DATED 22.06.2022 IN O.S.
NO.30 OF 2018 OF SUB COURT, PALA
APPELLANT/DEFENDANT/COUNTER CLAIM PLAINTIFF:
NEW INDIA FUELS
PONKUNNAM, REPRESENTED BY ITS PROPRIETOR,
JOHNY THOMAS, AGED 59 YEARS, S/O. THOMAS,
VELLAPPANIYIL HOUSE, KOORALI P.O., ELANGULAM
KARA, ELANGULAM VILLAGE, KANJIRAPPALLY TALUK,
KOTTAYAM DISTRICT, PIN - 686 522.
BY ADVS.
S.RANJIT (K/250/1999)
RAJEEV.P.NAIR
GOKUL DAS V.V.H.
RESPONDENT/PLAINTIFF/COUNTER CLAIM DEFENDANT:
ISSAC N. ISSAC
AGED 65 YEARS, S/O. ISSAC,
NEDUMAVIL HOUSE, CHENGALAM P.O,
CHENGALAM EAST VILLAGE, KOTTAYAM TALUK,
KOTTAYAM DISTRICT, PIN - 686 585.
BY ADVS.
VARGHESE C. KURIAKOSE
SUSANTH SHAJI(K/1566/2018)
ALBIN A. JOSEPH(K/1299/2020)
AMRITHA.J(K/552/2020)
THIS REGULAR FIRST APPEAL HAVING COME UP FOR ADMISSION
ON 04.06.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
R.F.A.No.353 of 2022
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JUDGMENT
Anil K. Narendran, J.
The appellant is the defendant in O.S.No.30 of 2018 filed by the respondent herein–plaintiff before the Sub-Court, Pala, for realisation of money based on a dishonoured cheque. In that suit, the appellant-defendant raised a counter claim. By the judgment and decree dated 22.06.2022, the trial court decreed the suit and dismissed the counter claim, whereby the plaintiff was allowed to realise from the defendant and his assets a sum of Rs.12,86,800/with interest thereon at the rate of 6% per annum from the date of suit, i.e., 04.06.2018 till realisaton. The plaintiff was also found entitled to realise the cost of the suit from the defendant and his assets. The judgment of the Sub Court is under challenge in this appeal filed by the appellant-defendant, along with C.M.Application No.1 of 2022 for condonation of delay.
for mediation, and both parties were directed to appear before
R.F.A.No.353 of 2022
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Ernakulam Mediation Centre, in the premises of this Court, at 11.00 a.m., on 05.01.2024. The matter could not be settled in mediation.
The report dated 12.03.2024 of the mediator is placed on record.
extension of time by two weeks from that day for the appellant to pay the balance court fee.
In such circumstances, taking note of the aforesaid submission made by the learned counsel for the appellant, this appeal is rejected
for non-payment of the balance court fee.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
HARISANKAR V. MENON, JUDGE
anm
New India Fuels, Ponkunnam, represented by its proprietor, Johny Thomas
Issac N. Issac
Anil K. Narendran
Harisankar V. Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court