M/S. Pee.Vee Developers And ... vs Nisay Hospitality Private ...
2021 Latest Caselaw 20877 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                   THE HONOURABLE MR.JUSTICE V.G.ARUN
     WEDNESDAY, THE 6TH DAY OF OCTOBER 2021 / 14TH ASWINA, 1943
                         OP(C) NO. 3275 OF 2018
  AGAINST THE ORDER/JUDGMENT IN OS 30/2018 OF SUB COURT, QUILANDY,
                               KOZHIKODE
PETITIONER/S:

           M/S. PEE.VEE DEVELOPERS AND RESORTS
           OFFICE AT COCHIN CORPORATION DOOR NO. 41/1408, SANGAMAM
           LANE, EDAPPALLY P.O., COCHIN-682024. REPRESENTED BY ITS
           MANAGING PARTNER GEORGE P.J., S/O.JOSEPH, AGED 50 YEARS,
           BUSINESS, RESIDING AT DOOR NO. 41/1408, PARAMBATHUSSERY
           HOUSE, SANGAMAM LANE, PADIVATTOM KARA, EDAPPILLY SOUTH
           VILLAGE, EDAPPALLY P.O., KANAYANNUR TALUK, ERNAKUAM
           DISTRICT-682024.

           BY ADVS.
           BOBBYMATHEW KOOTHATTUKULAM
           SMT.GIA MATHAI KANDATHIL
           SRI.P.M.NATESAN
           SRI.A.U.HRISHIKESH



RESPONDENT/S:

     1     NISAY HOSPITALITY PRIVATE LIMITED
           REGISTERED OFFICE AT NO. 659, FIRST FLOOR, 11TH A MAIN,
           JAYANAGAR, 5TH BLOCK, BANGALORE-560041, REPRESENTED BY
           ITS DIRECTOR, RAJISH POOKAYIL.
     2     RAJISH POOKAYIL,
           DIRECTOR, NISAY HOSPITALITY PRIVATE LIMITED, REGISTERED
           OFFICE AT NO. 659, FIRST FLOOR, 11TH A MAIN, JAYANAGAR,
           5TH BLOCK, BANGALORE-560041.
           BY ADVS.
           SRI.JAMSHEED HAFIZ
           SMT.T.S.SREEKUTTY



     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 06.10.2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(C) NO. 3275 OF 2018
                                        2



                                  JUDGMENT

Dated this the 6th day of October 2021

The 2nd respondent has filed a memo pointing out that the plaint

O.S No.30 of 2018 of the Sub Court, Koyilandy, from which this

original petition arises, has been rejected by the trial court for non-

payment of court fees. Being so, nothing survives for consideration in

this original petition. Accordingly, the original petition is dismissed

and the interim order of attachment passed in this original petition is

vacated.

Sd/-

V.G ARUN JUDGE

SJ OP(C) NO. 3275 OF 2018

APPENDIX OF OP(C) 3275/2018

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE PLAINT AND THE DOCUMENTS FILED IN O.S. NO.30/2018 PENDING BEFORE THE SUB COURT KOYILANDY.

EXHIBIT P2 TRUE COPY OF I.A. NO. 497/2018 FOR ARREST BEFORE JUDGMENT.

EXHIBIT P3 TRUE COPY OF I.A. NO. 496/2018 FOR ATTACHMENT BEFORE JUDGMENT.

EXHIBIT P4 TRUE COPY OF I.A. NO. 498/2018 FOR APPOINTING ADVOCATE COMMISSIONER FOR LOCAL INSPECTION.

EXHIBIT P5 TRUE COPY OF THE ORDER OF THIS HONOURABLE COURT DATED 21/4/2017 IN OP(C) NO. 1546/2017.