Dipu Jose vs Sinu
2021 Latest Caselaw 19094 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                     THE HONOURABLE MR.JUSTICE V.G.ARUN
         MONDAY, THE 13TH DAY OF SEPTEMBER 2021 / 22ND BHADRA, 1943
                           OP(C) NO. 1073 OF 2021
 AGAINST THE ORDER/JUDGMENT IN OS 170/2019 OF MUNSIFF COURT, ETTUMANOOR,
                                   KOTTAYAM
PETITIONER:

     1        DIPU JOSE,
              AGED 40 YEARS
              S/O.JOSE, PAZHOOR HOUSE, PUNNATHARA, KATTACHIRA P.O.,
              KOTTAYAM, PIN-686 572.

              BY ADV R.VENUGOPAL

RESPONDENT:

     1        SINU
              AGED 36 YEARS
              S/O.GEORGE, MANGATTUPADICKAL HOUSE,
              PADINJAREKARA P.O., VALLOKAM,
              FROM KIZHAKKAKKENCHERIL VADAKKEMURI,
              NADUVILE VILLAGE, VAIKOM TALUK,
              KOTTAYAM, PIN-686 146.

              BY ADVS.
              K.M.SATHYANATHA MENON
              KAVERY S THAMPI


     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 13.09.2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(C) NO. 1073 OF 2021
                                       2




                               JUDGMENT

Dated this the 13th day of September, 2021 This Original Petition is filed aggrieved by the

refusal on the part of the Munsiff Court, Ettumanoor to

pass orders on the memo filed by the petitioner, seeking

transfer of O.S. No.170/2019 to the Commercial Court.

2. Learned Counsel for the petitioner pointed out

that in the event of such refusal, request for transfer can

be made before the appellate division in the High Court,

as stipulates under Section 15(5) of the Commercial

Courts Act. It is informed by the Registry that an

appellate division has been constituted.

Therefore, the Original Petition is closed and the

Registry is directed to return the Original Petition, so that

the petitioner can avail the appropriate remedy.

Sd/-

V.G.ARUN

JUDGE NB/13-9 OP(C) NO. 1073 OF 2021

APPENDIX OF OP(C) 1073/2021

PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE PHOTOCOPY OF THE PLAINT IN OS NO.170/2019 FILED BEFORE THE HON'BLE MUNSIFF COURT, ETTUMANOOR.

EXHIBIT P2 TRUE PHOTOSTAT COPY OF THE NOTIFICATION NO.GO(MS) NO.51/2020/HOME AND SRO NO.175/2020 DATED 24.02.2020 CONSTITUTING THE PRINCIPAL SUB COURT, KOTTAYAM AS THE COMMERCIAL COURT FOR THE DISTRICT OF KOTTAYAM WHICH IS PUBLISHED IN THE KERALA LAW TIMES(KLT).

EXHIBIT P3 TRUE PHOTOSTAT COPY OF THE MEMO DATED 01.12.2020 FILED BY THE PETITIONER.

RESPONDENT'S EXHIBITS: NIL

True Copy P.A. to Judge