Kerala High Court
M/S. Kuzhippilly Traders vs M/S. Gtn Textiles Limited on 8 November, 2024
O.P.(C).No.1382 of 2024 1
2024:KER:83664
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
FRIDAY, THE 8TH DAY OF NOVEMBER 2024 / 17TH KARTHIKA, 1946
OP(C) NO. 1382 OF 2024
AGAINST THE ORDER/JUDGMENT DATED 21.06.2024 IN CMA
NO.36 OF 2024 OF SPECIAL C IDAMALAYAR INVN & 5 ADDITIONAL
DISTRICT COURT, ERNAKULAM/ II ADDITIONAL MACT, EKM ARISING
OUT OF THE ORDER/JUDGMENT DATED IN OS NO.187 OF 2024 OF I
ADDITIONAL MUNSIFF COURT,ERNAKULAM
PETITIONER/RESPONDENT/PETITIONER/PLAINTIFF:
M/S. KUZHIPPILLY TRADERS
REPRESENTED BY ITS MANAGING PARTNER, MR.JAFFER
K.A, AGED 47 YEARS, S/O. K.A. AHAMMED, RESIDING AT
KPVII/141, PP ROAD, PATTIMATTOM, ERNAKULAM,
KERALA, PIN - 683562
BY ADVS.
P.CHANDRASEKHAR
P.K.IBRAHIM
C.RAMAN
ANOOP KRISHNA
ANAND SANKAR
REGIMOL M.K.
PRATHEEKSHA RAJ
JENNY THANKAM
RESPONDENT/APPELLANT & RESPONDENTS 2 TO
5/RESPONDENTS/DEFENDANTS:
1 M/S. GTN TEXTILES LIMITED
A COMPANY HAVING ITS REGISTERED OFFICE AT 6TH
FLOOR, 61/464, 6TH FLOOR, PALAL TOWERS, RAVIPURAM,
O.P.(C).No.1382 of 2024 2
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MG ROAD, POONITHURA VILLAGE, KANAYANNUR TALUK,
KOCHI, REPRESENTED BY ITS MANAGING DIRECTOR, PIN -
682016
2 M/S. MAYAA IMPEX
PARTNERSHIP FIRM HAVING ITS OFFICE AT NGGO COLONY
POST, COIMBATORE- , TAMIL NADU, REPRESENTED BY ITS
PARTNER MR.JAYAWARDHAN, PIN - 641022
3 MR.S.H.SHAHUL HAMEED
S/O. K.HUSSAIN, AGED 47 YEARS, NO.4A, ALANDUR
ROAD, SAIDAPET, CHENNAI, TAMIL NADU, PIN - 600015
4 MR.K.SASIKUMAR,
AGED 43 YEARS
S/O. KARUNAKARAN, RIYAA HOMES, 24/A, CUSTOMS
COLONY, VJP CHALAI, SAIDAPET PO, CHENNAI, TAMIL
NADU, PIN - 600015
5 MR.ASAN MYDEEN G
AGED 46 YEARS
S/O. GULAM MYDEEN, 6A, SENGENIAMMAN KOVIL, 1ST
STREET, MADUVINKARAI, GUINDY, CHENNAI, TAMIL NADU,
PIN - 600032
BY ADVS.
LUKE J CHIRAYIL
ANJALI NARAYANAN
S.SREEKUMAR (SR.)(S-571)
P.B.KRISHNAN (SR.)(K/1193/1994)
THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON
08.11.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
O.P.(C).No.1382 of 2024 3
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VIJU ABRAHAM, J.
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O.P.(C).No.1382 of 2024
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Dated this the 8th day of November, 2024
JUDGMENT
The learned counsel for the petitioner submits that the original petition could be disposed of with a direction to dispose of OS No.187 of 2024 pending before the 1st Additional Munsiff Court, Ernakulam untrammeled by any of the observations in Ext.P9 judgment.
2. After hearing the learned counsel for the petitioner and the learned counsel appearing for the respondents, I am inclined to dispose of the original petition with a direction to the 1st Additional Munsiff Court, Ernakulam to dispose of OS No.187 of 2024 untrammeled by any of the observations in Ext.P9 judgment.
Sd/-
VIJU ABRAHAM,JUDGE pm O.P.(C).No.1382 of 2024 4 2024:KER:83664 APPENDIX OF OP(C) 1382/2024 PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF THE PLAINT ALONG WITH THE DOCUMENTS PRODUCED IN OS NO. 187 OF 2024 ON THE FILE OF FIRST ADDITIONAL MUNSIFF, ERNAKULAM Exhibit P2 TRUE COPY OF IA NO 2 OF 2024 IN OS NO.187 OF 2024 ON THE FILE OF THE COURT OF FIRST ADDITIONAL MUNSIFF, ERNAKULAM Exhibit P3 TRUE COPY OF COMMISSION REPORT DATED 27- 03-2024 OF THE ADVOCATE COMMISSIONER ALONG WITH SKETCH AND PHOTOGRAPHS IN OS NO. 187 OF 2024 ON THE FILE OF THE COURT OF FIRST ADDITIONAL MUNSIFF, ERNAKULAM Exhibit P4 TRUE COPY OF THE COUNTER AFFIDAVIT OF THE 1ST RESPONDENT IN IA NO 2 OF 2024 IN OS 187 OF 2024 ON THE FILE OF THE COURT OF FIRST ADDITIONAL MUNSIFF, ERNAKULAM Exhibit P5 TRUE COPY OF THE COUNTER AFFIDAVIT OF THE 2ND RESPONDENT IN IA NO 2 OF 2024 IN OS 187 OF 2024 ON THE FILE OF THE COURT OF FIRST ADDITIONAL MUNSIFF, ERNAKULAM Exhibit P6 TRUE COPY OF THE COUNTER AFFIDAVIT OF THE RESPONDENTS 3 AND 4 ALONG WITH DOCUMENTS IN IA NO 2 OF 2024 IN OS 187 OF 2024 ON THE FILE OF THE COURT OF FIRST ADDITIONAL MUNSIFF, ERNAKULAM Exhibit P7 TRUE COPY OF THE ORDER DATED 27-03-2024 IN IA NO 2 OF 2024 IN OS 187 OF 2024 ON THE FILE OF THE COURT OF FIRST ADDITIONAL MUNSIFF, ERNAKULAM Exhibit P8 TRUE COPY OF ORDER DATED 25-04-2024 IN OP(C) NO. 990 OF 2024 Exhibit P9 TRUE COPY OF THE JUDGMENT DATED 21-06- 2024 IN CMA NO. 36 OF 2024 OF THE COURT OF THE ADDITIONAL DISTRICT JUDGE –V, ERNAKULAM O.P.(C).No.1382 of 2024 5 2024:KER:83664 Exhibit P10 TRUE COPY OF THE APPEAL MEMORANDUM IN CMA NO.36 OF 2024 Exhibit P11 TRUE COPY OF THE INVOICE DATED 28-03- 2023 BEARING NO.MI-258/22-23, E-WAY BILL Exhibit P12 TRUE COPY OF THE INVOICE DATED 01-04- 2023 BEARING NO.581482309486 , E-WAY BILL Exhibit P13 TRUE COPY OF THE INVOICE DATED 28-03- 2023 BEARING NO.MI-259/22-23 , E-WAY BILL Exhibit P14 TRUE COPY OF THE MEMORANDUM OF UNDERSTANDING DATED 12-09-2022 ENTERED BETWEEN 1ST AND 2ND RESPONDENT Exhibit P15 TRUE COPY OF THE LEDGER ACCOUNT 01-04- 2022 TO 31-03-2023 PRODUCED BY 2ND RESPONDENT ALONG WITH THEIR COUNTER AFFIDAVIT BEFORE THE COURT OF THE 1ST ADDITIONAL MUNSIFF ERNAKULAM Exhibit P16 TRUE COPY OF THE LEDGER ACCOUNT FOR THE PERIOD 01-04-2022 TO 31-03-2023 BETWEEN PETITIONER AND VENUS TRADERS Exhibit P17 TRUE COPY OF THE LEDGER ACCOUNT SHOWING THE TRANSACTIONS BETWEEN THE PETITIONER AND MAK TRADERS OWNED BY 3RD RESPONDENT FOR THE PERIOD FROM 01-04-2023 TO 17-01- 2024