Kerala High Court
Poabs Group Enterprises Pvt.Ltd vs Kusum Singh on 15 July, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
THURSDAY, THE 15TH DAY OF JULY 2021 / 24TH ASHADHA, 1943
OP(C) NO. 1514 OF 2016
AGAINST THE JUDGMENT IN OS 93/2011 OF SUB COURT,KATTAPPANA, IDUKKI
PETITIONERS/PETITIONERS/PLAINTIFFS:
1 POABS GROUP ENTERPRISES PVT.LTD
AGED 40 YEARS
KUTTOR, THIRUVALLA, PATHANAMTHITTA, REPRESENTED BY ITS
DIRECTOR THOMAS JACOB, AGED 40 YEARS, S/O. JACOB,
RESIDING AT PANACHAYIL HOUSE, OTHARA KARA, KUTTOOR
VILLAGE.
2 RAM BAHADUR THAKKUR COMPANY LTD.
MARAR RAOD, WILLINGTON ISLAND, KOCHI-3, REPRESENTED BY
ITS SHARE HOLDER MANOJ MOHAN SHARMA, S/O. C.B SHARMA,
RESIDING AT "SAMUDRA MAHAL", WORLI, MUMBAI.
3 MANOJ MOHAN SHARMA
S/O. C.B. SHARMA, RESIDING AT "SAMUDRA MAHAL" WORLI
MUMBAI. PETITIONERS 2 AND 3 REPRESENTED BY POWER OF
ATTORNEY HOLDER GEORGE K. MATHEW S/O. K.M. GEORGE,
MEENATHETHIL KOTTAKATTU (H), KAYAMKULAM KARA, KAYAMKULAM
VILLAGE, KARITHIKAPPALLY TALUK.
BY ADVS.SRI.N.JAMES KOSHY
KUM.CHINMA ABRAHAM
RESPONDENTS/RESPONDENTS/DEFENDANTS:
1 KUSUM SINGH
AGED 53 YEARS
AGED 53 YEARS, W/O. P.K. SINGN, RESIDING AT PAMPANAR
ESTATE, PAMBANAR KARA, PEERMADE VILLAGE, PEERMADE
TALUK, PIN: 685 533.
2 ABHISHEK SINGH,AGED 23 YEARS, S/O. P.K. SINGH,
RESIDING AT PAMPANAR ESTATE, PAMBANAR KARA, PEERMADE
VILLAGE, PEERMADE TALUK, PIN: 685 533.
O.P.(Civil)No.1514/2016 2
3 JOSE M. THOMAS ROY
AGED 63 YEARS
AGED 63 YEARS, S/O. M.T. THOMAS, MALAMAKKAL
HOUSE, LALAM KARA, LALAM VILLAGE, MEENACHIL
TLAUK, PIN:686 001.
4 SAILESH MOHAN SHARAM
AGED 52 YEARS
AGED 52 YEARS, S/O. C.B. SHARMA, RESIDING AT
"SAMUDRA MAHAL" WORLI, MUMBAI, PRESENTLY
RESIDING AT "SUVIDHA", MANTHRA ROAD, KOCHI-
682 003.
5 C.B SHARMA
AGED 74 YEARS
AGED 74 YEARS, S/O. RAM BAHADUR THAKUR,
RESIDING AT "SAMUDRA MAHAL", WORLI , MUMBAI,
PIN-400 030.
6 ARUNA SHARMA
DIRECTOR, JITWARPUR AGENCY AND INVESTMENTS
PVT. LTD., RESIDING AT 25TH FLOOR, "SAMUDRA
MAHAL", DR.A.B.ROAD, WORLI, MUMBAI, PIN-400
030.
7 TEJESHWAR SHARMA,AGED 23 YEARS, RESIDING AT
25TH FLOOR, "SAMUDRA MAHAL", DR.A.B.ROAD,
WORLI, MUMBAI, PIN-400 030.
8 SONALI SHARMA
AGED 29 YEARS, RESIDING AT 25TH FLOOR,
"SAMUDRA MAHAL", DR.A.B.ROAD, WORLI, MUMBAI,
PIN-400 030.
9 CHRUSHEELA SHARMA
AGED 50 YEARS
AGED 50 YEARS, RESIDING AT 25TH FLOOR,
"SAMUDRA MAHAL", DR.A.B.ROAD, WORLI, MUMBAI,
PIN-400 030.
10 SHAILAJA SHARMA
AGED 24 YEARS
O.P.(Civil)No.1514/2016 3
AGED 24 YEARS, RESIDING AT 25TH FLOOR,
"SAMUDRA MAHAL", DR.A.B.ROAD, WORLI, MUMBAI,
PIN-400 030.
11 PRIYADARSHINI SHARMA
AGED 45 YEARS, RESIDING AT 25TH FLOOR,
"SAMUDRA MAHAL", DR.A.B.ROAD, WORLI, MUMBAI,
PIN-400 030.
12 SOMESHWAR SHARMA
AGED 27 YEARS, RESIDING AT 25TH FLOOR,
"SAMUDRA MAHAL", DR.A.B.ROAD, WORLI, MUMBAI,
PIN-400 030.
13 KANCHAN SHARMA
AGED 68 YEARS, RESIDING AT 25TH FLOOR,
"SAMUDRA MAHAL", DR.A.B.ROAD, WORLI, MUMBAI,
PIN-400 030.
BY ADVS.SRI.K.K.CHANDRAN PILLAI SR.
SMT.ELSA DENNY PINDIS
SMT.S.AMBILY
SRI.ABILASH THOMAS
SRI.K.V.KRISHNAKUMAR
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
15.07.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
O.P.(Civil)No.1514/2016 4
JUDGMENT
This Original Petition (Civil) is filed challenging Ext.P5 order
rejecting a prayer for amendment of the plaint in O.S.No.93/2011 on the
file of the Sub Court, Kattappana. When this matter is taken up today, I
have heard Sri. N. James Koshy, the learned counsel appearing for the
petitioners and Sri. K.K. Chandran Pillai, the learned senior counsel
appearing for respondents 1 to 3 on the instructions of Smt. S. Ambily.
2. The learned senior counsel appearing for respondents 1 to 3,
who were contesting the matter before the Court below, would submit
that, without standing on technicality, Ext.P5 order may be set aside and
Ext.P4 application for amendment may be allowed, so that the trial of
the suit can be expedited. He submits that, though he has valid
contentions in support of Ext.P5 order, no such objection is being raised
only with a view to ensure that the matter is expeditiously disposed of.
3. Taking into account the submissions of the parties, this
Original Petition (Civil) will stand disposed of on the following terms:-
Ext.P5 order will stand set aside and Ext.P4 application for
amendment will stand allowed (I.A.No.266/2016 in O.S.No.93/2011 on
the file of the Sub Court, Kattappana). The petitioners shall carry out
the amendments within a period of ten days from today. The contesting
parties shall be given three weeks from today to file an additional
written statement. The Sub Court, Kattappana before which
O.S.No.93/2011 is pending shall endeavour to hear and dispose of the
suit itself, within a period of four months from the date on which the
additional written statement is filed by the contesting parties.
Sd/-
GOPINATH P.
JUDGE
acd
APPENDIX OF OP(C) 1514/2016
PETITIONER ANNEXURE
P1 TRUE COPY OF THE PLAINT IN O.S. NO.93
OF 2011 FILED BY THE PETITIONERS BEFORE
THE SUB COURT, KATTAPPANA ON 04.04.2011
P2 TRUE COPY OF THE WRITTEN STATEMENT
DATED 22.09.2012 FILED BY THE
DEFENDANTS 2 AND 3 BEFORE THE SUB COURT
KATTAPPANA,
P3 TRUE COPY OF THE WRITTEN STATEMENT OF
THE 1ST PLAINTIFF OF THE COUNTER CLAIM
FILED BY THE 2ND AND 3RD DEFENDANTS
DATED 03.03.2016
P4 TRUE COPY OF THE AMENDMENT APPLICATION
IN I.A. NO.266/2016 IN O.S. NO.93/11
DATED 08.03.2016 FILED BY THE PLAINTIFF
BEFORE THE SUB COURT, KATTAPPANA.
P5 TRUE COPY OF THE ORDER DATED 10.03.2016
IN I.A. 266/2016 IN O.S. NO. 93/2011 OF
THE SUB COURT, KATTAPPANA.
P6 TRUE COPY OF THE HISTORY OF THE CASE
HEARING FROM 25.09.2012 TO 02.06.2016
IN O.S. NO.93/2011 ON THE FILED OF THE
SUB COURT, KATTAPPANA.
