Kerala High Court
M/S.Orient Exports And Imports vs Reena Joseph on 5 November, 2021
"CR"
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
FRIDAY, THE 5TH DAY OF NOVEMBER 2021 / 14TH KARTHIKA, 1943
OP(C) NO. 302 OF 2018
OS 316/2011 OF PRINCIPAL SUB COURT, THIRUVANANTHAPURAM
PETITIONER/S:
1 M/S.ORIENT EXPORTS AND IMPORTS
KILLIPALAM, KARAMANA P.O., THIRUVANANTHAPURAM -
695 001.
2 REJIMOL THOMAS
TC 20/1654, KUNJALUMMOODU, KARAMANA P.O.,
THIRUVANANTHAPURAM - 695 001.
3 T.T. JAMES
TC 20/1654, KUNJALUMMOODU, KARAMANA P.O.,
THIRUVANANTHAPURAM - 695 001.
4 DR. EAPEN THOMAS
TC 20/1654, KUNJALUMMOODU, KARAMANA P.O.,
THIRUVANANTHAPURAM - 695 001.
5 SHERLY EAPEN
TC 20/1654, KUNJALUMMOODU, KARAMANA P.O.,
THIRUVANANTHAPURAM - 695 001.
6 NIRMALA JAMES
TC 20/1654, KUNJALUMMOODU, KARAMANA P.O.,
THIRUVANANTHAPURAM - 695 001.
7 SERGI JOSEPH THOMAS
VECHOOR HOUSE, ST.JUDGE NAGAR, KILLIPALAM,
KARAMANA P.O., THIRUVANANTHAPURAM - 695 001.
8 JULIEMOL SERGI
VECHOOR HOUSE, ST.JUDGE NAGAR, KILLIPALAM,
KARAMANA P.O., THIRUVANANTHAPURAM - 695 001.
9 THRESSIAMMA
ORIENT HOUSE, KUNJALUMMOODU, KARAMANA,
THIRUVANANTHAPURAM - 695 001.
BY ADVS.
SRI.K.V.SADANANDA PRABHU
SRI.RENJIT GEORGE
Op (C) No. 1975 of 2020 & con.cases
-2-
RESPONDENT/S:
REENA JOSEPH
W/O. ABRAHAM KULANGARA KURIAN, NIKUNJAM,
PAYANCHERRY, PERAVOOR ROAD, IRITTY, KANNUR. NOW
RESIDING AT BOX NO. 199, DASMAN, 15450, KUWAIT,
REPRESENTED BY HER POWER OF ATTORNEY HOLDER
SRI. A.V. PAULOSE, S/O. VARKEY, AGED 71 YEARS,
RESIDING AT EDAPARYATHIL KUDAMATTOMKARA,
AIKKARANADU NORTH VILLAGE, KUNNATHU NORTH
VILLAGE, KUNNATHUNADU TALUK, ERNAKULAM DISTRICT
- 683 101.
BY ADV R.S.KALKURA
THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON
25.08.2021, ALONG WITH 305/2018 AND CONNECTED CASES, THE
COURT ON 05.11.2021 DELIVERED THE FOLLOWING:
Op (C) No. 1975 of 2020 & con.cases
-3-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
FRIDAY, THE 5TH DAY OF NOVEMBER 2021 / 14TH KARTHIKA, 1943
OP(C) NO. 305 OF 2018
OS 315/2011 OF PRINCIPAL SUB COURT, THIRUVANANTHAPURAM
PETITIONER/S:
1 M/S. ORIENT EXPORTS AND IMPORTS
KILLIPALAM, KARAMANA P.O., THIRUVANANTHAPURAM -
695 001. REP. BY MANAGING PARTNER T.T.JAMES.
2 REJIMOL THOMAS
TC 20/1654, KUNJALUMMOODU, KARAMANA P.O.,
THIRUVANANTHAPURAM - 695 001.
3 T.T. JAMES
TC 20/1654, KUNJALUMMOODU, KARAMANA P.O.,
THIRUVANANTHAPURAM - 695 001.
4 DR. EAPEN THOMAS
TC 20/1654, KUNJALUMMOODU, KARAMANA P.O.,
THIRUVANANTHAPURAM - 695 001.
5 SHERLY EAPEN
TC 20/1654, KUNJALUMMOODU, KARAMANA P.O.,
THIRUVANANTHAPURAM - 695 001.
6 NIRMALA JAMES
TC 20/1654, KUNJALUMMOODU, KARAMANA P.O.,
THIRUVANANTHAPURAM - 695 001.
7 SERGI JOSEPH THOMAS
VECHOOR HOUSE, ST.JUDGE NAGAR, KILLIPALAM,
KARAMANA P.O., THIRUVANANTHAPURAM - 695 001.
8 JULIEMOL SERGI
VECHOOR HOUSE, ST.JUDGE NAGAR, KILLIPALAM,
KARAMANA P.O., THIRUVANANTHAPURAM - 695 001.
9 THRESSIAMMA
ORIENT HOUSE, KUNJALUMMOODU, KARAMANA,
THIRUVANANTHAPURAM - 695 001.
BY ADVS.
SRI.K.V.SADANANDA PRABHU
SRI.RENJIT GEORGE
Op (C) No. 1975 of 2020 & con.cases
-4-
RESPONDENT/S:
ROY JOSEPH
S/O. LATE CHERIA ICCARANKUDIYIL
JOSEPH,PADAYATTIL HOUSE, NO.6, ULLOOR GARDENS,
MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM NOW
RESIDING AT BOX NO.199, DASMAN, 15450,KUWAIT,
REPRESENTED BY HER POWER OF ATTORNEY HOLDER
SRI. A.V.PAULOSE, S/O. VARKEY, AGED 71 YEARS,
RESIDING EDAPARYATHIL KUDAMATTOMKARA,
AIKKARANADU NORTH VILLAGE, KUNNATHUNADU TALUK,
ERNAKULAM DISTRICT-683 101.
BY ADVS.
SMT.P.ANJANA
SMT.R.BINDU
SRI.HARISH GOPINATH
SRI.R.S.KALKURA
SRI.M.S.KALESH
THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON
25.08.2021, ALONG WITH 302/2018 AND CONNECTED CASES, THE
COURT ON 05.11.2021 DELIVERED THE FOLLOWING:
Op (C) No. 1975 of 2020 & con.cases
-5-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
FRIDAY, THE 5TH DAY OF NOVEMBER 2021 / 14TH KARTHIKA, 1943
OP(C) NO. 306 OF 2018
OS 317/2011 OF PRINCIPAL SUB COURT, THIRUVANANTHAPURAM
PETITIONER/S:
1 M/S. ORIENT EXPORTS AND IMPORTS
KILLIPALAM, KARAMANA P.O.,THIRUVANANTHAPURAM-
695001,REPRESENTED BY MANAGING PARTNER
T.T.JAMES.
2 REJIMOL THOMAS
TC 20/1654, KUNJALUMMOODU, KARAMANA
P.O.,THIRUVANANTHAPURAM-695001.
3 T.T.JAMES
TC 20/1654, KUNJALUMMOODU, KARAMANA
P.O.,THIRUVANANTHAPURAM-695001.
4 DR.EAPEN THOMAS
TC 20/1654, KUNJALUMMOODU, KARAMANA
P.O.,THIRUVANANTHAPURAM-695001.
5 SHERLY EAPEN
TC 20/1654, KUNJALUMMOODU, KARAMANA
P.O.,THIRUVANANTHAPURAM-695001.
6 NIRMALA JAMES
TC 20/1654, KUNJALUMMOODU, KARAMANA
P.O.,THIRUVANANTHAPURAM-695001.
7 SERGI JOSEPH THOMAS
VECHOOR HOUSE, ST.JUDGE NAGAR, KILLIPALAM,
KARAMANA P.O.,THIRUVANANTHAPURAM-695001.
8 JULIEMOL SERGI
VECHOOR HOUSE, ST.JUDGE NAGAR,KILLIPALAM,
KARAMANA P.O.,THIRUVANANTHAPURAM-695001.
9 THRESSIAMMA
ORIENT HOUSE, KUNJALUMMOODU, KARAMANA
Op (C) No. 1975 of 2020 & con.cases
-6-
P.O.,THIRUVANANTHAPURAM-695001.
BY ADVS.
SRI.K.V.SADANANDA PRABHU
SRI.RENJIT GEORGE
RESPONDENT/S:
JAIMOLE
W/O.ROY JOSEPH, PADAYATTIL HOUSE, NO.6,ULLOOR
GARDENS, MEDICAL COLLEGE
P.O.,THIRUVANANTHAPURAM FROM EDAPARYATHIL
HOUSE, KADAMATTOM P.O., ERNAKULAM DISTRICT, NOW
RESIDING AT BOX NO.199,DASMAN, 15450, KUWAIT,
REPRESENTED BY POWER OF ATTORNEY
HOLDER,SRI.A.V.PAULOSE, S/O.VARKEY, AGED 71
YEARS, RESIDING EDAPARYATHIL, KUDAMATTOMKARA,
AIKKARANADU NORTH VILLAGE, KUNNATHUNADU TALUK,
ERNAKULAM DISTRICT.
BY ADVS.
SMT.P.ANJANA
SMT.R.BINDU
SRI.HARISH GOPINATH
SRI.R.S.KALKURA
SRI.M.S.KALESH
THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON
25.08.2021, ALONG WITH 302/2018 AND CONNECTED CASES, THE
COURT ON 05.11.2021 DELIVERED THE FOLLOWING:
Op (C) No. 1975 of 2020 & con.cases
-7-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
FRIDAY, THE 5TH DAY OF NOVEMBER 2021 / 14TH KARTHIKA, 1943
OP(C) NO. 737 OF 2019
OS 104/2011 OF PRINCIPAL SUB COURT, THIRUVANANTHAPURAM
PETITIONER/S:
1 M/S.ORIENT EXPORTS AND IMPORTS,
A UNIT OF ORIENT GROUP, THIRUVANANTHAPURAM,
REPRESENTED BY ITS MANAGING PARTNER, KARAMANA
P.O., THIRUVANANTHAPURAM - 695 002.
2 T.T.JAMES,
AGED 62 YEARS
S/O.THOMAS, TC 20/1654, KUNJALUMMOODU, KARAMANA
P.O., THIRUVANANTHAPURAM - 695 002.
3 REJIMOL THOMAS,
AGED 50 YEARS
TC 21/77, ORIENT COMPLEX, KARAMANA P.O.,
THIRUVANANTHAPURAM - 695 002.
4 DR.EAPEN THOMAS,
AGED 56 YEARS
T.C.20/1654, KUNJALUMMOODU, KARAMANA P.O.,
THIRUVANANTHAPURAM - 695 002.
5 SHERLY EAPEN,
AGED 53 YEARS
T.C.20/1654, KUNJALUMMOODU, KARAMANA P.O.,
THIRUVANANTHAPURAM - 695 002.
6 NIRMALA JAMES,
AGED 54 YEARS
T.C.20/1654, KUNJALUMMOODU, KARAMANA P.O.,
THIRUVANANTHAPURAM - 695 002.
7 SERGI JOSEPH THOMAS,
AGED 52 YEARS
VECHOOR HOUSE, ST.JUDE NAGAR, KILLIPALAM,
KARAMAN P.O., THIRUVANANTHAPURAM - 695 002.
8 JULIEMOL SERGI,
AGED 43 YEARS
VECHOOR HOUSE, ST.JUDE NAGAR, KILLIPPALAM,
Op (C) No. 1975 of 2020 & con.cases
-8-
KARAMAN P.O., THIRUVANANTHAPURAM - 695 002.
BY ADV K.V.SADANANDA PRABHU
RESPONDENT/S:
MILI SUNIL CHACKO,
AGED 43 YEARS, W/O.SUNIL CHACKO. 8D QUEENS WING
POINT, SI APARTMENT, KOWDIAR,
THIRUVANANTHAPURAM, PIN- 695 003.
THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON
25.08.2021, ALONG WITH 302/2018 AND CONNECTED CASES, THE
COURT ON 05.11.2021 DELIVERED THE FOLLOWING:
Op (C) No. 1975 of 2020 & con.cases
-9-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
FRIDAY, THE 5TH DAY OF NOVEMBER 2021 / 14TH KARTHIKA, 1943
OP(C) NO. 1560 OF 2018
OS 270/2011 OF PRINCIPAL SUB COURT, THIRUVANANTHAPURAM
PETITIONER/S:
1 T.T.JAMES
AGED 60 YEARS
AGED 60 YEARS, S/O THOMAS, PARTNER, ORIENT
EXPORTS AND IMPORTS, T.C 21/77, ORIENT COMPLEX,
KILLIPPALAM, THIRUVANANTHAPURAM-695001.
2 NIRMALA JAMES
AGED 54 YEARS, W/O JAMES, W/O JAMES, PARTNER,
ORIENT EXPORTS AND IMPORTS, T.C 21/77, ORIENT
COMPLEX, KILLIPPALAM, THIRUVANANTHAPURAM-695001.
3 SHERLY EAPEN
AGED 52 YEARS, W/O EAPEN, PARTNER,ORIENT
EXPORTS AND IMPORTS, T.C 21/77, ORIENT COMPLEX,
KILLIPPALAM,THIRUVANANTHAPURAM-695001.
4 REGIMOL THOMAS
AGED 45 YEARS, W/O THOMAS, PARTNER, ORIENT
EXPORTS AND IMPORTS, T.C 21/77, ORIENT COMPLEX,
KILLIPPALAM,THIRUVANANTHAPURAM-695001.
5 JULIEMOL SERGI
AGED 42 YEARS, W/O SERGI, PARTNER,ORIENT
EXPORTS AND IMPORTS, T.C 21/77, ORIENT COMPLEX,
KILLIPPALAM, THIRUVANANTHAPURAM-695001.
6 MS ORIENT EXPORTS AND IMPORTS
A PARTNERSHIP FIRM, REPRESENTED BY ITS MANAGING
PARTNER,TC 21/77, ORIENT COMPLEX, KILLIPPALAM,
THIRUVANANTHAPURAM-695001.
BY ADVS.
SRI.K.V.SADANANDA PRABHU
SRI.RENJIT GEORGE
Op (C) No. 1975 of 2020 & con.cases
-10-
RESPONDENT/S:
1 ABRAHAM GEORGE
AGED 50 YEARS, S/O GEORGE, CHERUPUSHPA
GIRI,KAIPUZHA NORTH, KULANDA, PATHANAMTHITTA,
PIN-689503.
2 INDU ABRAHAHAM
AGED 45 YEARS, RESIDING AT THE CHERUPUSHPA
GIRI,KAIPUZHA NORTH, KULANADA, PATHANAMTHITTA,
PIN-689503.
BY ADVS.
SRI.K.K.VIJAYAN
SRI.G.RANJU MOHAN
SRI.K.R.RAJESHKUMAR
THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON
25.08.2021, ALONG WITH 302/2018 AND CONNECTED CASES, THE
COURT ON 05.11.2021 DELIVERED THE FOLLOWING:
Op (C) No. 1975 of 2020 & con.cases
-11-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
FRIDAY, THE 5TH DAY OF NOVEMBER 2021 / 14TH KARTHIKA, 1943
OP(C) NO. 1906 OF 2018
OS 1158/2011 OF PRINCIPAL SUB COURT, THIRUVANANTHAPURAM
PETITIONER/S:
1 M/S.ORIENT EXPORTS AND IMPORTS
(A UNIT OF ORIENT GROUP)REPRESENTED BY ITS
MANAGING PARTNER,TC 21/77,ORIENT
COMPLEX,KILLIPPALAM, KARAMANA
P.O,THIRUVANANTHAPURAM 695 001.
2 T.T JAMES AGED 69 YEARS
S/O. LATE THOMAS, RESIDING AT T.C
20/1654,ORIENT HOUSE, KUNJALUMMOODU, KARAMANA
P.O,THIRUVANANTHAPURAM 695 001.
3 DR.EAPEN THOMAS AGED 58 YEARS SO. LATE THOMAS
RESIDING AT T.C 201654
ORIENT HOUSE, KUNJALUMMOODU, KARAMANA
P.O,THIRUVANANTHAPURAM 695 001.
4 SHERLY EAPEN
AGED 54 YEARS, RESIDING AT T.C
20/1654,KUNJALUMMOODU, KARAMANA P.O,
THIRUVANANTHAPURAM 695 001.
5 NIRMALA JAMES
AGED 55 YEARS, RESIDING AT T.C
20/1654,KUNJALUMOODDU, KARAMANA P.O,
THIRUVANANTHAPURAM 695 001.
6 SERGI JJOSEPH
AGED 52 YEARS, RESIDING AT VECHOOR HOUSE,ST.
JUDE NAGAR, KILLIPPALAM, KARAMANA
P.O,THIRUVANANTHAPURAM 695 001.
7 JULIEMOL SERGI AGED 42 YEARS
RESIDING AT VECHOOL HOUSE, ST. JUDE NAGAR,
KILLIPPALAM, KARAMANA P.O, THIRUVANANTHAPURAM
695 001.
Op (C) No. 1975 of 2020 & con.cases
-12-
8 REGIMOL THOMAS
AGED 50 YEARS, RESIDING AT TC 21/77, ORIENT
COMPLEX,KILLIPPALAM, THIRUVANANTHAPURAM 695 001.
BY ADVS.
SRI.K.V.SADANANDA PRABHU
SRI.RENJIT GEORGE
RESPONDENT/S:
S.WILLIAMS
AGED 60 YEARS, S/O. LATE SAMUEL, RESIDING AT
CHITHRA, TC 14/415, VIKAS BHAVAN P.O,PALAYAM,
THIRUVANANTHAPURAM 695 033.
BY ADVS.
SAHASRANAMAN P.B.
HARIKUMAR T.S.
THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON
25.08.2021, ALONG WITH 302/2018 AND CONNECTED CASES, THE
COURT ON 05.11.2021 DELIVERED THE FOLLOWING:
Op (C) No. 1975 of 2020 & con.cases
-13-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
FRIDAY, THE 5TH DAY OF NOVEMBER 2021 / 14TH KARTHIKA, 1943
OP(C) NO. 1907 OF 2018
OS 919/2011 OF PRINCIPAL SUB COURT, THIRUVANANTHAPURAM
PETITIONER/S:
1 M/S.ORIENT BIO-TECH
REPRESENTED BY ITS MANAGING PARTNER,TC
21/77,ORIENT COMPLEX,KILLIPPALAM, KARAMANA
P.O,THIRUVANANTHAPURAM 695 001.
2 T.T JAMES AGED 69 YEARS
S/O. LATE THOMAS, RESIDING AT T.C
20/1654,ORIENT HOUSE, KUNJALUMMOODU, KARAMANA
P.O,THIRUVANANTHAPURAM 695 001.
3 DR.EAPEN THOMAS AGED 58 YEARS
S/O. LATE THOMAS, RESIDING AT T.C
20/1654,ORIENT HOUSE, KUNJALUMMOODU, KARAMANA
P.O,THIRUVANANTHAPURAM 695 001.
4 SHERLY EAPEN
AGED 54 YEARS, RESIDING AT T.C
20/1654,KUNJALUMMOODU, KARAMANA P.O,
THIRUVANANTHAPURAM 695 001.
5 NIRMALA JAMES
AGED 55 YEARS, RESIDING AT T.C
20/1654,KUNJALUMOODDU, KARAMANA
P.O,THIRUVANANTHAPURAM 695 001.
6 SERGI JJOSEPH
AGED 52 YEARS, RESIDING AT VECHOOR HOUSE,ST.
JUDE NAGAR, KILLIPPALAM, KARAMANA
P.O,THIRUVANANTHAPURAM 695 001.
7 JULIEMOL SERGI
AGED 42 YEARS,RESIDING AT VECHOOL HOUSE,ST.
JUDE NAGAR, KILLIPPALAM, KARAMANA
P.O,THIRUVANANTHAPURAM 695 001.
8 REGIMOL THOMAS
AGED 50 YEARS, RESIDING AT TC 21/77, ORIENT
Op (C) No. 1975 of 2020 & con.cases
-14-
COMPLEX,KILLIPPALAM, THIRUVANANTHAPURAM 695 001.
BY ADVS.
SRI.K.V.SADANANDA PRABHU
SRI.RENJIT GEORGE
RESPONDENT/S:
S.WILLIAMS
AGED 60 YEARS, S/O. LATE SAMUEL, RESIDING AT
CHITHRA,TC 14/415,VIKASBHAVAN P.O, PALAYAM,
THIRUVANANTHAPURAM 695 033.
THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON
25.08.2021, ALONG WITH 302/2018 AND CONNECTED CASES, THE
COURT ON 05.11.2021 DELIVERED THE FOLLOWING:
Op (C) No. 1975 of 2020 & con.cases
-15-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
FRIDAY, THE 5TH DAY OF NOVEMBER 2021 / 14TH KARTHIKA, 1943
OP(C) NO. 1972 OF 2020
OS 144/2011 OF FIRST ADDITIONAL SUB COURT,
THIRUVANANTHAPURAM
PETITIONER/S:
1 M/S. ORIENT EXPORTS AND IMPORTS,
A UNIT OF ORIENT GROUP, KARAMANA,
THIRUVANANTHAPURAM, 695002 KERALA, SOUTH INDIA
REPRESENTED BY ITS MANAGING PARTNER, THE 2ND
FLOOR DEFENDANT M T VARGHESE, AGED 71 YEARS,
S/O LATE THOMAS, RESIDING AT ORIENT HOUSE,
KUNJALUMMOODU, KARAMANA P O,
THIRUVANANTHAPURAM-695002,
THE MANAGING PARTNER (DIED).
2 T T JAMES
S/O LATE THOMAS, RESIDIGN AT T C.20/1654,
KUNJALUMMOODU, KARAMANA P O, THIRUVANTHAPURAM-
695002.
3 THOMAS JOSEPH
RESIDING AT ORIENT COMPLEX, T C.21/77, KARAMANA
P O, THIRUVANANTHAPURAM-695002.
4 JULIEMOL SERGI
W/O SHERGI, RESIDING AT ORIENT HOUSE,
KUNJALUMMOODU KARAMANA P O, THIRUVANANTHAPURAM-
695002.
5 REJIMOL THOMAS
RESIDING AT ORIENT COMPLEX, TC 21/77, KARAMANA
P O, THIRUVANANTHAPURAM-695002.
6 DR EAPEN THOMAS
RESIDING AT T C 20/1654, KUNJALUMOODU, KARAMAN
P O, THIRUVANANTHAPURAM-695002.
7 SHERLY EAPEN
D/O M T VARGHESE, RESIDING AT TC 20/1654,
KUNJALUMOODU, KARAMANA P O,
THIRUVANANTHAPURAM-695002.
Op (C) No. 1975 of 2020 & con.cases
-16-
8 THRESSIAMMA
RESIDING AT TC 20/1654, ORIENT HOUSE,
KUNJALUMMOODY, KARAMANA P O,
THIRUVANANTHAPURAM-695002.
9 NIRMALA JAMES
RESIDING AT ORIENT HOUSE, KUNJALUMMOODU,
KARAMANA P O, THIRUVANANTHAPURAM-695002.
10 SERGI JOSEPH THOMAS
RESIDING AT T C.20/1654, ORIENT HOUSE,
KUNJALUMMOODU, KARAMANA P O,
THIRUVANANTHAPURAM-695002.
BY ADVS.
K.SHAJ
SRI.RENJIT GEORGE
SHRI.JOSSY S. KATTUR
SRI.ARUN CHAND
SHRI.BHARAT VIJAY P.
RESPONDENT/S:
1 SANTHA ISSAC
FLAT NO.5 B, SKYLINE MAPPLE, HEIGHTS,
CHALAKUZHY ROAD, PATTO P O, PIN-695004.
2 ALEXANDER ISSAC
AGED 48 YEARS
D1-202, WHITE HOUSE APARTMENTS,
R T NAGAR, BANGALORE-560032.
3 ABHILAS EAPEN ISSAC
AGED 42 YEARS
FLAT NO.5 B, SKYLINE MAPPLE HEIGHTS, CHALAKUZHY
ROAD, PATTOM, THIRUVANANTHAPURAM AT PRESENT
RESIDING AT APT GLOBAL MARINE SERVICE,
P O BOX-49222, DUBAI.
4 ASHA OOMEN
AGED 52 YEARS
GIRI NAGAR, COCHIN-682020.
THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON
25.08.2021, ALONG WITH 302/2018 AND CONNECTED CASES, THE
COURT ON 05.11.2021 DELIVERED THE FOLLOWING:
Op (C) No. 1975 of 2020 & con.cases
-17-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
FRIDAY, THE 5TH DAY OF NOVEMBER 2021 / 14TH KARTHIKA, 1943
OP(C) NO. 1975 OF 2020
OS 542/2011 OF I ADDITIONAL SUB COURT,
THIRUVANANTHAPURAM
PETITIONER/S:
1 ORIENT BIO TECH
A PARTNERSHIP FIRM, REPRESENTED BY ITS MANAGING
PARTNER, T.C.21/77, ORIENT COMPLEX, KARAMANA P.
O., THIRUVANANTHAPURAM - 695 002.
2 DR. THOMAS JOSEPH THOOMKUZHY (PARTNER)
AGED 47 YEARS
S/O. T. K. JOSEPH, FORMER ST. JUDE HOSPITAL
COMPLEX, KARAMANA P. O., THIRUVANANTHAPURAM -
695 002.
3 REJIMOLE
AGED 41 YEARS
(PARTNER), D/O. M. T. VARGHESE, ORIENT COMPLEX,
TC 21/77, KARAMANA P. O., THIRUVANANTHAPURAM -
695 002.
4 NIRMALA JAMES
AGED 37 YEARS
(PARTNER), W/O. JAMES T. THOOMPUNKAL, TC
20/1654, ORIENT HOUSE, KARAMANA P. O.,
THIRUVANANTHAPURAM - 695 002.
5 SHERLY EAPEN
AGED 39 YEARS
(PARTNER), W/O. EAPEN THOMAS, TC 21/213-1, ST.
JUDE NAGAR, KILLIPALAM, KARAMANA P. O.
6 JULIEMOL
AGED 55 YEARS
(PARTNER), W/O. SERGI THOMAS, TC 21/215-1, ST.
JUDE NAGAR, KILLIPALAM, KARAMANA P. O.,
THIRUVANANTHAPURAM - 695 002.
7 THRESSIAMMA VARGHESE
Op (C) No. 1975 of 2020 & con.cases
-18-
W/O. LATE M. T. VARGHESE, TC 20/1654, ORIENT
HOUSE, KARAMANA.
BY ADVS.
K.SHAJ
SRI.RENJIT GEORGE
RESPONDENT/S:
K.K.MATHEW
AGED 72 YEARS
S/O. K. KOSHY, KOCHALUMMOTTILL HOUSE, T. C.
11/0014, KESAVADASAPURAM, PATTOM P. O.,
THIRUVANANTHAPURAM - 695 004.
BY ADVS.
SRI.P.ABRAHAM CHERIAN
SMT.N.RAJI
THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON
25.08.2021, ALONG WITH 302/2018 AND CONNECTED CASES, THE
COURT ON 05.11.2021 DELIVERED THE FOLLOWING:
Op (C) No. 1975 of 2020 & con.cases
-19-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
FRIDAY, THE 5TH DAY OF NOVEMBER 2021 / 14TH KARTHIKA, 1943
OP(C) NO. 1976 OF 2020
OS 145/2011 OF I ADDITIONAL SUB COURT, THIRUVANANTHAPURAM
PETITIONER/S:
1 M/S. ORIENT EXPORTS AND IMPORTS,
A UNIT OF ORIENT GROUP, KARAMANA,
THIRUVANANTHAPURAM, 695 002 KERALA, SOUTH INDIA
REPRESENTED BY ITS MANAGING PARTNER, THE 2ND
DEFENDANT M.T. VARGHESE, AGED 71 YEARS, S/O.
LATE THOMAS, RESIDING AT ORIENT HOUSE,
KUNJALUMMOODU, KARAMANA P.O,
THIRUVANANTHAPURAM-695 002, THE MANAGING
PARTNER, (DIED REPRESENTED BY T.T. JAMES).
2 T.T. JAMES,
S/O. LATE THOMAS, RESIDING AT TC. 20/1654,
KUNALUMMOODU, KARAMANA P.O, THIRUVANANTHAPURAM-
695 002.
3 THOMAS JOSEPH,
RESIDING AT ORIENT COMPLEX, TC 21/77, KARAMANA
P.O, THIRUVANANTHAPURAM-695 002
4 JULIEMOL,
W/O. SERGI, RESIDING AT ORIENT HOUSE,
KUNALUMMOODU, KARAMANA P.O, THIRUVANANTHAPURAM-
695 002
5 REJIMOL THOMAS,
RESIDING AT ORIENT COMPLEX, TC 21/77, KARAMANA
P.O, THIRUVANANTHAPURAM-695 002
6 DR. EAPEN THOMAS,
RESIDING AT TC 20/1654, KUNJALUMMOODU, KARAMANA
P.O, THIRUVANANTHAPURAM-695 002
7 SHERLY EAPEN,
D/O. M.T. VARGHESE, RESIDING AT TC 20/1654,
KUNALUMMOODU, KARAMANA P.O, THIRUVANANTHAPURAM-
695 002
Op (C) No. 1975 of 2020 & con.cases
-20-
8 THRESSIAMMA,
RESIDING AT TC 20/1654, KUNJALUMMOODU, KARAMANA
P.O, THIRUVANANTHAPURAM-695 002.
9 NIRMALA JAMES,
RESIDING AT ORIENT HOUSE, KUNJALUMMOODU,
KARAMANA P.O, THIRUVANANTHAPURAM-695 002.
10 SERGI JOSEPH THOMAS,
RESIDING AT TC 20/1654, ORIENT HOUSE,
KUNJALUMMOODU, KARAMANA P.O,
THIRUVANANTHAPURAM-695 020
BY ADVS.
K.SHAJ
SRI.RENJIT GEORGE
SHRI.JOSSY S. KATTUR
SRI.C.IJLAL
SRI.ARUN CHAND
SRI.JOSEPH MARY DAS
SHRI.BHARAT VIJAY P.
RESPONDENT/S:
1 ANANDAVALLI RAMAKRISHNA SAROJAM,
SULAKSHAN VILLE, VJRA -F1, NEMOM P.O,
THIRUVANANTHAPURAM, PIN-695 020
2 SULAKSHAN SAKYANGA MAHADEV,
SULAKSHAN VILLE, VJRA F1, NEMOM P.O,
THIRUVANANTHAPURAM, PIN-695 020
THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON
25.08.2021, ALONG WITH 302/2018 AND CONNECTED CASES, THE
COURT ON 05.11.2021 DELIVERED THE FOLLOWING:
Op (C) No. 1975 of 2020 & con.cases
-21-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
FRIDAY, THE 5TH DAY OF NOVEMBER 2021 / 14TH KARTHIKA, 1943
OP(C) NO. 3188 OF 2018
OS 579/2011 OF FIRST ADDITIONAL SUB COURT,
THIRUVANANTHAPURAM
PETITIONER/S:
1 T.T JAMES
AGED 62 YEARS
S/O. THOMAS, PARTNER, ORIENT EXPORTS AND
IMPORTS, TC 21/77, ORIENT COMPLEX, KILLIPPALAM,
THIRUVANANTHAPURAM, 695 001
2 NIRMALA JAMES,
AGED 54 YEARS
W/O. JAMES, PARTNER, ORIENT EXPORTS AND
IMPORTS, TC 21/77, ORIENT COMPLEX, KILLIPPALAM,
THIRUVANANTHAPURAM, 695 001
3 SHERLY EAPEN,
AGED 53 YEARS
W/O. EAPEN, PARTNER, ORIENT EXPORTS AND
IMPORTS, TC 21/77, ORIENT COMPLEX, KILLIPPALAM,
THIRUVANANTHAPURAM, 695 001
4 REJIMOL THOMAS,
AGED 47 YEARS
W/O. JOSEPH THOMAS, PARTNER, ORIENT EXPORTS AND
IMPORTS, TC 21/77, ORIENT COMPLEX, KILLIPPALAM,
THIRUVANANTHAPURAM, 695 001
5 JULIEMOLSERGI,
AGED 43 YEARS
W/O. SERGI, PARTNER, PARTNER, ORIENT EXPORTS
AND IMPORTS, TC 21/77, ORIENT COMPLEX,
KILLIPPALAM, THIRUVANANTHAPURAM, 695 001
6 M/S. ORIENT EXPORTS AND IMPORTS,
A PARTNERSHIP FIRM, REPRESENTED BY ITS MANAGING
PARTNER, ORIENT EXPORTS AND IMPORTS, TC 21/77,
ORIENT COMPLEX, KILLIPPALAM,
Op (C) No. 1975 of 2020 & con.cases
-22-
THIRUVANANTHAPURAM, 695 001
BY ADVS.
K.V.SADANANDA PRABHU
SRI.RENJIT GEORGE
RESPONDENT/S:
RASMI JOHN MATHAI
AGED 35 YEARS
W/O. SURESH JACOB, MALANCHERUVIL, KAIPUZHA
NORTH, KULANADA, PATHANAMTHITTA DISTRICT PIN
689 503.
BY ADVS.
SRI.K.K.VIJAYAN
SRI.G.RANJU MOHAN
THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON
25.08.2021, ALONG WITH 302/2018 AND CONNECTED CASES, THE
COURT ON 05.11.2021 DELIVERED THE FOLLOWING:
Op (C) No. 1975 of 2020 & con.cases
-23-
"CR"
JUDGMENT
Dated this the 5th day of November, 2021
[OP(C) Nos.302/2018, 305/2018, 306/2018,
737/2019, 1560/2018, 1906/2018, 1907/2018,
1972/2020, 1975/2020, 1976/2020, 3188/2018]
Petitioners are the defendants in various
original suits filed by their creditors, seeking
recovery of money. The essential common facts are
as under;
Late M.T.Varghese was the Managing Partner of
a business establishment by name 'Orient
Timbers'. He diversified his business empire and
established new ventures like Orient Biotech,
Orient Export and Import, St.Jude Hospital etc.
The children and in-laws of M.T.Varghese were
made partners of the firms. In connection with
the conduct of business by the firms, amounts
Op (C) No. 1975 of 2020 & con.cases
were borrowed from various persons. In their
written statement filed in the suits filed by the
creditors, the defendants, namely the respective
business concern and its partners, took up a
contention that certain other creditors had
instituted O.P.(Insolvency) No.2 of 2011 before
the Additional Sub Court, Thiruvananthapuram and
therein, the court had passed an order handing
over custody of all properties of the petitioners
to the interim receiver and hence, the recovery
suits are liable to be stayed in terms of Section
30 of the Insolvency Act, 1955 ("the Act"). Based
on the contention, the courts below framed the
following issue;
'Whether the suit is liable to be stayed in
view of the pendency of O.P.(Insolvency) No.2 of
2011'.
The issue having been answered against the
Op (C) No. 1975 of 2020 & con.cases
petitioners/defendants, these original petitions
are filed.
2. Heard Sri.K.Shaj, learned Counsel for the
petitioners and M/s.R.S.Kalkura, K.K.Vijayan and
P.B.Sahasranaman, learned Counsel for the
respondents.
3. Learned Counsel for the petitioners
submitted that the objective of the Act is to
ensure proportionate distribution of the assets
of the debtor among the creditors, without
allowing any fraudulent concealment or
preference. The Act also provides for
consolidation of the claims of the creditors. As
such, it would be more beneficial to the
creditors to seek relief under the Act, rather
than filing individual suits. It is contended
that the order of the Insolvency Court handing
over custody of the properties to the interim
Op (C) No. 1975 of 2020 & con.cases
receiver presupposes an order of adjudication
under Section 27 of the Act. Therefore, further
proceedings in the suits filed by the respondents
are liable to be stayed under Section 30 of the
Act. In support of the contention, reliance is
placed on the decision in Kanishk steel
Industries Ltd v. Annie Sweety [2009 (3) KLT
888].
4. Learned Counsel for the respondents
referred to the objectives of the Act and the
relevant provisions to contend that, unless and
until an order of adjudication under Section 27
is passed, the creditors can proceed with their
suits. According to the learned Counsel, even an
order of adjudication under Section 27 by the
Insolvency Court, is not an absolute embargo in
continuing the suits pending before other courts
and the only interdiction is with respect to
Op (C) No. 1975 of 2020 & con.cases
execution of the decrees, which will have to
await the outcome of the insolvency proceedings.
In support of the contention, reliance is placed
on the following decisions;
State of Punjab v. Rattan Singh [1964 KHC
545], Harshamal Shivbux (M/s.) v. Ramkrishnan Das
Sagarmal and others [AIR 1984 RAJ.34],
Abdullakutty v. Abubacker [1984 KLT 1057], Thomas
v. Alexander Vaidyan [2012 (1) KLT 342],
Ravikumar T.K. v. Punjab National Bank and others
[2019 (2) KHC 421].
5. No doubt, the Act is a social
legislation intended to protect the interest of
creditors as well as honest debtors. The Act
provides a machinery for granting relief to the
creditors and also the insolvent, by ensuring
proportionate distribution of the assets of the
debtor among the creditors, without allowing any
Op (C) No. 1975 of 2020 & con.cases
fraudulent concealment or preference, and
protection to the person of the debtor. The Act
does not take away the creditor's right to seek
relief through a regular civil court, but
interdicts the civil courts from proceeding after
an order of adjudication is passed by the
Insolvency Court. For the Insolvency Court to
invoke its jurisdiction, there has to be a
provable debt of more than Rs.500/- for which the
debtor is personally liable and the debtor must
have committed an act of insolvency falling under
Section 6 of the Act. Once the above conditions
are satisfied, the creditor or the debtor can
present the insolvency petition under Section 7.
On the insolvency petition being presented, it
has to be admitted, following the procedure laid
down in the Code of Civil Procedure for
admission of plaints. Once the petition is
Op (C) No. 1975 of 2020 & con.cases
admitted, the insolvency court is bound to pass
an order fixing the date for hearing the
petitioner, as stipulated in Section 19. While
admitting the insolvency petition, the court can
appoint an interim receiver for taking immediate
possession of the property of the debtor, as
provided under Section 20. On the day fixed for
hearing the petition, the court shall require
proof of the matters enumerated as (a) to (c) in
Sub-section (1) of Section 24 and shall also
examine the debtor, as to his conduct, dealings
and property. The examination should be in the
presence of those creditors who have appeared at
the hearing and such creditors should also be
afforded an opportunity to question the debtor on
the above aspects. Section 25 empowers the court
to dismiss the insolvency petition filed by the
debtor or creditor. If the the petition is not
Op (C) No. 1975 of 2020 & con.cases
dismissed, the court is bound to pass an order of
adjudication under Section 27, specifying the
period within which the debtor has to apply for
his discharge. Section 30 comes into play after
the court passes an order of adjudication. For
convenience Sections 27 and 30 are extracted here
under;
"27.Order of adjudication. (1) If the
Court does not dismiss the petition, it shall
make an order of adjudication, and shall
specify in such order the period within which
the debtor shall apply for his discharge.
(2) The Court may, if sufficient cause is
shown, extend the period within which the
debtor shall apply for his discharge, and in
that case shall publish notice of the order
in such manner as it thinks fit.
30. Stay of pending proceedings. - Any
court in which a suit or other proceeding is
pending against a debtor shall, on proof that
an order of adjudication has been made
against him under this Act, either stay the
proceeding, or allow it to continue on such
terms as such Court may impose.
The other contextually relevant provisions are,
Sections 28, dealing with the effect of an order
of adjudication, Section 53 stipulating the
Op (C) No. 1975 of 2020 & con.cases
duties of court executing the decree with respect
to the property taken in execution and Section
58, providing for the appointment of Receiver
while passing the order of adjudication or any
time thereafter.
6. Going by the provisions, after admitting
an insolvency petition, it is posted for hearing,
for the court to be satisfied about the
entitlement of the creditor or the debtor, as the
case may be, to present the insolvency petition.
If the court is not satisfied with the proof, the
insolvency petition has to be dismissed.
Otherwise, the court is bound to pass an order
of adjudication under Section 27. Once an order
of adjudication is passed under Section 27, the
court in which any suit or other proceedings is
pending against the debtor shall either stay the
proceedings or allow it to continue on such terms
Op (C) No. 1975 of 2020 & con.cases
as the court may impose.
7. The contention of the learned Counsel
for the petitioners, based on the decision in
Kanishk Steel Industries, is that, since the
Insolvency Court has appointed an interim
receiver and has not dismissed the insolvency
petition, it has to be presumed that order of
adjudication under Section 27 of the Act is in
force, attracting the interdiction under Section
30. In Kanishk Steel Industries, the petitioner
was the decree holder in a suit for money and
had filed an execution petition and attached
certain properties of the judgment debtors. While
so, application was filed by the Receiver
appointed in the insolvency proceedings initiated
at the instance of a Bank to which the properties
of the judgment debtor had been mortgaged as
security. Based on the Receiver's application,
Op (C) No. 1975 of 2020 & con.cases
the execution court stayed the proceedings. That
order was impeached before this court by the
decree holder. Therein, a question arose as to
whether the decree sought to be executed was
passed before or after the order of adjudication
by the insolvency court. The question was
answered in the following manner;
"Having regard to S.27 of the
Insolvency Act, it has to be noted that
if the Insolvency Court does not dismiss
the petition to declare the debtor as
insolvent as under S.25 of the
Insolvency Act, but proceeds further it
will constitute an order of adjudication
and that being so, with reference to
S.30 of the Act which commands stay of
the proceedings of any suit or
proceeding pending against a debtor once
an order of adjudication has been made
against him, the date on which the
decree was passed against the debtor may
become crucial and relevant in
considering whether the executing court
can pass any order under S. 53 of the
Insolvency Act as regards the charge on
the property of the debtor delivered
over to the receiver appointed under the
insolvency proceedings so as to satisfy
the cost of the suit and also the
execution expenses by sale of that
property of the debtor or an adequate
Op (C) No. 1975 of 2020 & con.cases
portion thereof. So much so, without an
enquiry on the question so involved, by
the executing court, it may be
inappropriate for this court to pass any
order in favour of the petitioner decree
holder to confer on him the benefits
covered under S.53 of the Insolvency Act
as canvassed by his learned counsel."
The above observation was made in the context of
Section 53 of the Act, which casts a duty on the
civil court executing a decree, to direct
delivery of the property in the possession of the
court to the Receiver appointed by the insolvency
court, on being informed about the insolvency
proceedings. It is hence clear that the
observation in Kanishk Steel Industries is not
with respect to the question whether Section 30
will apply prior to an order of adjudication
under Section 27.
8. There is no merit in the contention that
the appointment of an Interim Receiver under
Section 20, indicates the passing of an order of
Op (C) No. 1975 of 2020 & con.cases
adjudication under Section 30 is also passed. As
held by the High Court of Andhra Pradesh in the
Official Receiver, Krishna at Masulipatnam v
Veeranki Samudralu and others (CRP No.502 of
1972), the main object of appointment of an
Interim Receiver is to preserve the assets of the
debtor and to hand them over to the official
receiver when an order of adjudication is passed
under Section 27. Till an order of adjudication
is passed, the debtor is not an insolvent and
continues to be the legal owner of his
properties. The appointment of an interim
receiver does not have the effect of vesting or
transferring his title in the property. Being so,
appointment of an interim receiver under Section
20 is not akin to an order of adjudication under
Section 27 and not fetter the power of the civil
court to proceed with the suit.
Op (C) No. 1975 of 2020 & con.cases
For the aforementioned reasons, the original
petitions are dismissed. The courts below shall
take earnest efforts to dispose of the suits
expeditiously.
Sd/-
V.G.ARUN
JUDGE
Scl/
Op (C) No. 1975 of 2020 & con.cases
APPENDIX OF OP(C) 302/2018
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE ORDER DATED
10.09.2013 IN I.A.NO.7207/2011 IN O.P.
(INSOLVENCY) NO. 2/2011 OF THE
ADDITIONAL SUB COURT,
THIRUVANANTHAPURAM.
EXHIBIT P2 TRUE COPY OF THE WRITTEN STATEMENT IN
OS NO. 316/2011 OF THE PRINCIPAL SUB
COURT, THIRVANANTHAPURAM DATED
21.12.2012.
EXHIBIT P3 TRUE COPY OF THE ORDER DATED
11.01.2018 IN O.S.NO.316/2011 OF THE
SUBORDINATE JUDGES COURT,
THIRUVANANTHAPURAM DATED 11.01.2018.
Op (C) No. 1975 of 2020 & con.cases
APPENDIX OF OP(C) 305/2018
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE ORDER DATED
10.09.2013 IN I.A.NO. 7207/2011 IN
O.P.(INSOLVENCY) NO. 2/2011 OF THE
ADDITIONAL SUB COURT,
THIRUVANANTHAPURAM.
EXHIBIT P2 TRUE COPY OF THE WRITTEN STATEMENT IN
O.S.NO. 315.2011 OF THE PRINCIPAL SUB
COURT, THIRUVANANTHAPURAM DATED
21.03.2012.
EXHIBIT P3 TRUE COPY OF THE ORDER DATED
16.01.2018 IN O.S.NO. 315/2011 OF THE
SUBORDINATE JUDGES COURT,
THIRUVANANTHAPURAM.
Op (C) No. 1975 of 2020 & con.cases
APPENDIX OF OP(C) 306/2018
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE ORDER DATED
10.09.2013 IN I.A.NO.7207/2011 IN O.P.
(INSOLVENCY) NO.2/2011 OF THE
ADDITIONAL SUB COURT,
THIRUVANANTHAPURAM.
EXHIBIT P2 TRUE COPY OF THE WRITTEN STATEMENT IN
OS NO.317/2011 OF THE PRINCIPAL SUB
COURT, THIRUVANANTHAPURAM.
EXHIBIT P3 TRUE COPY OF THE ORDER DATED
11.01.2018 IN O S NO.317/2011 OF THE
SUBORDINATE JUDGES COURT,
THIRUVANANTHAPURAM.
Op (C) No. 1975 of 2020 & con.cases
APPENDIX OF OP(C) 1560/2018
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE ORDER DATED
10.09.2013 IN I.A NO.7207/2011 IN
OP(INSOLVENCY) NO.2/2011 OF THE
ADDITIONAL SUB COURT,
THIRUVANANTHAPURAM.
EXHIBIT P2 TRUE COPY OF THE WRITTEN STATEMENT IN
O.S NO.270/2011 OF THE PRINCIPAL SUB
COURT, THIRUVANANTHAPURAM DATED
17.03.2012.
EXHIBIT P2(A) TRUE COPY OF THE ADDITIONAL WRITTEN
STATEMENT IN O.S NO.270/2011 OF THE
PRINCIPAL SUB COURT,
THIRUVANANTHAPURAM.
EXHIBIT P3 TRUE COPY OF THE ORDER DATED 23.5.2018
IN O.S NO.270/2011 OF THE SUBORDINATE
JUDGES COURT, THIRUVANANTHAPURAM DATED
11.1.2018.
Op (C) No. 1975 of 2020 & con.cases
APPENDIX OF OP(C) 1906/2018
PETITIONER EXHIBITS
EXT.P1: TRUE COPY OF HE ORDER DATED 10/09/2013
IN I.A.NO.7207/2011 IN OP.(INSOLVENCY)
NO.2/2011 OF THE ADDITIONAL SUB COURT,
THIRUVANANTHAPURAM
EXT.P2: A TRUE COPY OF THE WRITTEN STATEMENT
IN O.S.NO.1158/2011 OF THE PRINCIPAL
SUB COURT, THIRUVANANTHAPURAM
EXT.P2(A): A TRUE COPY OF THE ADDITIONAL WRITTEN
STATEMENT IN O.S.NO.1158/2011 OF THE
PRINCIPAL SUB COURT,
THIRUVANANTHAPURAM
EXT.P3: TRUE COPY OF THE ORDER DATED
19/06/2018 IN O.S.NO.1158/2011 OF THE
SUBORDINATE JUDGES COURT,
THIRUVANANTHAPURAM DATED 11/01/2018
Op (C) No. 1975 of 2020 & con.cases
APPENDIX OF OP(C) 1907/2018
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE ORDER DATED
10/09/2013 IN I.A NO. 7207/2011 IN O.P
(INSOLVENCY) NO. 2/2011 OF THE
ADDITIONAL SUB COURT,
THIRUVANANTHAPURAM
EXHIBIT P2 TRUE COPY OF I.A NO. 1215/2016 IN O.S
NO. 919/2011 FILED BY THE PETITIONERS
EXHIBIT P3 TRUE COPY OF THE ORDER DATED
19/06/2018 IN O.S NO. 919/2011 OF THE
SUBORDINATE JUDGES COURT,
THIRUVAANTHAPURAM DATED 11/1/2018.
Op (C) No. 1975 of 2020 & con.cases
APPENDIX OF OP(C) 1972/2020
PETITIONER EXHIBITS
EXHIBIT P1 THE TRUE COPY OF THE PLAINT FILED BY
THE ORIGINAL PLAINTIFF IN OS
NO.144/2011 ON THE FILES OF THE 1ST
ADDITIONAL SUBORDINATE JUDGES COURT,
THIRUVANANTHAPURAM.
EXHIBIT P2 THE TRUE COPY OF ORDER DATED
10/09/2013 IN IA NO.7207/2011 IN OP
INSOLVENCY) NO.2/2011 OF THE
ADDITIONAL SUB COURT,
THIRUVANANTHAPURAM.
EXHIBIT P3 THE TRUE COPY OF WRITTEN STATEMENT
FILED BY DEFENDANTS 1 TO 6 IN OS
144/2011 ON THE FILES OF THE 1ST
ADDITIONAL SUB COURT,
THIRUVANANTHAPURAM.
EXHIBIT P4 THE TRUE COPY OF WRITTEN STATEMENT
FILED BY THE DEFENDANTS 7 TO 11 IN OS
NO.144/2011 ON THE FILES OF THE 1ST
ADDITIONAL SUBORDINATE JUDGES COURT,
THIRUVANANTHAPURAM.
EXHIBIT P5 THE TRUE COPY OF IA NO.1363/2018 IN OS
NO.144/2011 FILED BY THE PETITIONERS.
EXHIBIT P6 THE TRUE COPY OF ORDER DATED
09/11/2020 IN OS NO.144/2011 OF THE
1ST ADDITIONAL SUBORDINATE JUDGES
COURT, THIRUVANANTHAPURAM.
EXHIBIT P7 THE TRUE COPY OF ORDER DATED
02/02/2018 IN OP(C) NO.302/2018.
EXHIBIT P8 THE TRUE COPY OF ORDER DATED
30.11.2018 IN OP(C) NO.3188/2018.
Op (C) No. 1975 of 2020 & con.cases
APPENDIX OF OP(C) 1975/2020
PETITIONER EXHIBITS
EXHIBIT P1 THE TRUE COPY OF THE PLAINT IN
O.S.NO.542/2011 ON THE FILES OF THE
1ST ADDITIONAL SUBORDIATE JUDGES
COURT, THIRUVANANTHAPURAM.
EXHIBIT P2 THE TRUE COPY OF ORDER DATED
10.09.2013 IN I.A.NO.7207/2011 IN O.P.
(INSOLVENCY) NO.2/2011 OF THE
ADDITIONAL SUB COURT,
THIRUVANANTHAPURAM.
EXHIBIT P3 THE TRUE COPY OF WRITTEN STATEMENT
FILED BY THE DEFENDANTS IN OS 542/2011
ON THE FILES OF THE 1ST ADDITIONAL SUB
COURT, THIRUVANANTHAPURAM.
EXHIBIT P4 THE TRUE COPY OF WRITTEN STATEMENT
FILED BY THE ADDITIONAL 8TH DEFENDANT
IN OS 542/2011 ON THE FILES OF THE 1ST
ADDITIONAL SUBORDINATE JUDGES COURT,
THIRUVANANTHAPURAM.
EXHIBIT P5 THE TRUE COPY OF ORDER DATED
04.11.2020 IN OS NO.542/2011 OF THE
1ST ADDITIONAL SUBORDINATE JUDGES
COURT, THIRUVANANTHAPURAM.
EXHIBIT P6 THE TRUE COPY OF THE ORDER DATED
02.02.2018 IN O.P.(C) NO.302/2018.
EXHIBIT P7 THE TRUE COPY OF THE ORDER DATED
30.11.2018 IN O.P.(C) NO.3188/2018.
Op (C) No. 1975 of 2020 & con.cases
APPENDIX OF OP(C) 1976/2020
PETITIONER EXHIBITS
EXHIBIT P1 THE TRUE COPY OF THE PLAINT FILED BY
THE ORIGINAL PLAINTIFF IN O.S. NO.
145/2011 ON THE FILES OF THE 1ST
ADDITIONAL SUBORDINATE JUDGES COURT,
THIRUVANANTHAPURAM.
EXHIBIT P2 THE TRUE COPY OF ORDER DATED
10.09.2013 IN I.A NO. 7207/2011 IN
O.P. (INSOLVENCY), NO. 2/2011 OF THE
ADDITIONAL SUB COURT,
THIRUVANANTHAPURAM.
EXHIBIT P3 THE TRUE COPY OF WRITTEN STATEMENT
FILED BY DEFENDANTS 1 TO 6 IN OS
145/2011 ON THE FILES OF THE 1ST
ADDITIONAL SUB COURT,
THIRUVANANTHAPURAM.
EXHIBIT P4 THE TRUE COPY OF WRITTEN STATEMENT
FILED BY THE DEFENDANTS 7 TO 11 IN O.S
NO. 145/2011 ON THE FILES OF THE 1ST
ADDITIONAL SUBORDINATE JUDGES COURT,
THIRUVANANTHAPURAM.
EXHIBIT P5 THE TRUE COPY OF I.A. NO. 1361/2018 IN
O.S. NO. 145/2011 FILED BY THE
PETITIONERS.
EXHIBIT P6 THE TRUE COPY OF ORDER DATED
09.11.2020 IN O.S NO. 145/2011 OF THE
1ST ADDITIONAL SUBORDINATE JUDGES
COURT, THIRUVANANTHAPURAM.
EXHIBIT P7 TRUE COPY OF THE ORDER DATED
02.02.2018 IN OPC NO. 302/2018
EXHIBIT P8 TRUE COPY OF THE ORDER DATED
30.11.2018 IN O.P(C) NO. 3188/2018
Op (C) No. 1975 of 2020 & con.cases
APPENDIX OF OP(C) 3188/2018
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE ORDER DATED
10/09/2013 IN I.A NO. 7207/2011 IN O.P
(INSOLVENCY) NO. 2/2011 OF THE
ADDITIONAL SUB COURT,
THIRUVANANTHAPURAM
EXHIBIT P2 TRUE COPY OF THE WRITTEN STATEMENT IN
O.S NO. 579/2011 OF THE PRINCIPAL SUB
COURT, THIRUVANANTHAPURAM DATED
21/12/2012
EXHIBIT P2 TRUE COPY OF I.A NO. 2335/2016 IN O.S
NO. 579/2011 FILED BY THE PETITIONERS
EXHIBIT P3 TRUE COPY OF THE ORDER DATED
11/10/2018 IN O.S NO. 579/2011 OF THE
PRINCIPAL SUBORDINATE JUDGES COURT,
THIRUVANANTHAPURAM
Op (C) No. 1975 of 2020 & con.cases
