Kerala High Court
M/S.Fluid & Electrolytes (P) Ltd vs M/S.Parallel Bottle Suppliers on 3 December, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
FRIDAY, THE 3RD DAY OF DECEMBER 2021/ 12TH AGRAHAYANA, 1943
F.A.O.NO.25 OF 2009
AGAINST THE COMMON ORDER DATED 14.11.2008 IN I.A.NOS.2902
AND 2917 OF 2007 IN O.S.NO.775 OF 1995 OF THE PRINCIPAL
SUB COURT, KOTTAYAM
APPELLANT:
M/S.FLUID AND ELECTROLYTES (P) LTD.
REP.BY ITS MANAGING DIRECTOR, DR.K.K.CHACKO,
S/O.K.O.KURIAN,KALAPPURACKAL HOUSE,
THIRUVATHUCKAL, VELOOR.P.O.
BY ADVS.
SRI.T.RAVIKUMAR
SMT.G.AMBILI
RESPONDENT:
M/S.PARALLEL BOTTLE SUPPLIERS,
REP.BY ITS MANAGING PARTNER JOY OOMMEN,
KADUVAKULAM, KOTTAYAM.
BY ADVS.
SRI.GEORGE VARGHESE MANACHIRACKEL
SRI.JACOB MATHEW MANALIL
THIS FIRST APPEAL FROM ORDERS HAVING COME UP FOR
FINAL HEARING ON 03.12.2021, ALONG WITH F.A.O.NO.26 OF
2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2
F.A.O.Nos.25 & 26 of 2019
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
FRIDAY, THE 3RD DAY OF DECEMBER 2021/ 12TH AGRAHAYANA, 1943
F.A.O.NO. 26 OF 2009
AGAINST THE COMMON ORDER DATED 05.07.2008 IN E.A.NOS.417
AND 418 OF 2007 IN E.P.NO.124 OF 1999 IN O.S.NO.775 OF
1995 OF PRINCIPAL SUB COURT, KOTTAYAM
APPELLANT:
M/S.FLUID & ELECTROLYTES (P) LTD.
REPRESENTED BY ITS MANAGING DIRECTOR,,
DR.K.K.CHACKO, S/O.K.O.KURIAN, KALAPPURACKAL
HOUSE, THIRUVATHUCKAL, VELOOR P.O.
BY ADVS.
SRI.T.RAVIKUMAR
SMT.G.AMBILI
RESPONDENTS:
1 M/S.PARALLEL BOTTLE SUPPLIERS
REPRESENTED BY ITS MANAGING PARTNER JOY OOMMEN,
KADUVAKULAM, KOTTAYAM.
2 CORPORATION BANK, VALAYIL BUILDINGS,
SASTHRI ROAD, KOTTAYAM BRANCH,
KOTTAYAM 686 001, REPRESENTED BY ITS MANAGER.
BY ADVS.
R1 BY SRI.GEORGE VARGHESE MANACHIRACKEL
R1 BY SRI.JACOB MATHEW MANALIL
R2 BY SRI.S.K.BALACHANDRAN
THIS FIRST APPEAL FROM ORDERS HAVING COME UP FOR
FINAL HEARING ON 03.12.2021, ALONG WITH F.A.O.NO.25 OF
2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
3
F.A.O.Nos.25 & 26 of 2019
JUDGMENT
Anil K. Narendran, J.
The appellant herein is the defendant in O.S.No.775
of 1995 on the file of the Principal Sub Court, Kottayam.
These appeals are filed under Order XLIII, Rule 1(j) read
with Section 104 of the Code of Civil Procedure, 1908
against the common order dated 14.11.2008 in
I.A.Nos.2902 and 2917 of 2007 in O.S.No.775 of 1995
and the common order dated 05.07.2008 in E.A.Nos.417
and 418 of 2007 in E.P.No.124 of 1999 in O.S.No.775 of
1995. E.A.No.418 of 2007 in E.P.No.124 of 1999 in
O.S.No.775 of 1995 is an application filed under Order
XXI, Rule 90 of the Code for setting aside the sale
conducted on 17.01.2005 and confirmed on 17.03.2005.
E.A.No.417 of 2007 is an application filed under Section 5
of the Limitation Act, for condonation of delay of 2 years
and 9 months. I.A.No.2902 of 2007 is an application filed
by the defendant under Order IX, Rule 13 read with
F.A.O.Nos.25 & 26 of 2019
Section 151 of the Code to set aside the exparte
judgment and decree passed on 12.10.1998 in
O.S.No.775 of 1995. I.A.No.2917 of 2007 is an
application filed under Section 5 of the Limitation Act, for
condoning the delay of 9 years, 11 months and 7 days in
filing the application for setting aside the exparte decree
on the file of the Principal Sub Court, Kottayam. The court
below dismissed both the applications by order dated
05.07.2008 for the reasons stated therein.
2. On 16.11.2021, when these appeals were taken
up for consideration, the learned counsel for the
respondent submitted that the matter has already been
settled. On that day, there was no representation for the
appellant. On 19.11.2021 also, there was no
representation for the appellant.
3. Today also none appears for the appellant. The
respondent is represented by Advocate Sri.Jacob Mathew
Manalil.
F.A.O.Nos.25 & 26 of 2019
In such circumstances, these appeals are dismissed
for default.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
P.G. AJITHKUMAR, JUDGE
dkr
