Cri Rubber Llc vs Cri Rubbers
2022 Latest Caselaw 2195 Ker

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                         PRESENT
        THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
 THURSDAY, THE 24TH DAY OF FEBRUARY 2022 / 5TH PHALGUNA,
                            1943
                  OP(C) NO. 374 OF 2022
   AGAINST THE ORDER IN CMA 5/2022 OF DISTRICT COURT &
                SESSIONS COURT, KOTTAYAM
PETITIONER/S:

         CRI RUBBER LLC MASSACHUSETTS LIMITED LIABILITY
         COMPANY WITH PRINCIPAL OFFICE LOCATED AT 6
         CARRYVILLE CROSSING, BELLINGHAM, MA02019,
         REPRESENTED BY ITS MANAGING PARTNER LEYA
         THOMAS, RESIDING AT 5TH RIDGE ROAD, HOPKINTON,
         MASS-02019 USA, REPRESENTED BY HER POWER OF
         ATTORNEY HOLDER THOMAS AK THOMAS,
         AGED 73 YEARS, SON OF A T KURIYAKOSE,
         ARONNIL HOUSE, PAZHAVANGADI PO, PAZHAVANGADI
         VILLAGE, RANNI TALUK,
         PATHANAMTHITTA DISTRICT, PIN - 689672
         BY ADVS.
         SREELAKSHMI SABU
         MANJUSHA K
         SMITHA PHILIPOSE
         DARSAN SOMANATH
         P.R.JAYASANKAR


RESPONDENT/S:

    1    CRI RUBBERS
         288-XV, VIJAYAPURAM PANCHAYAT, VADAVATHOOR,
         KOTTAYAM, KERALA, REPRESENTED BY ITS MANAGING
         PARTNER MR. JACOB THOMAS, AGED 63,
         SON OF MR. K.C THOMAS,
         RESIDING AT KOSHAMATTAM HOUSE,
         MANARCAD P.O., MANARCADU VILLAGE,
         KOTTAYAM TALUK, KOTTAYAM DISTRICT,
         PIN - 686010
 O.P.(C)No.374 of 2022
                                       ..2..




     2          GENERAL TYRES AND TREADS
                BUILDING NO. 16-39, VIJAYAPURAM PANCHAYAT,
                VADAVATHOOR P.O, KOTTAYAM.
                REPRESENTED BY ITS MANAGING PARTNER ALIAS
                ABRAHAM RESIDING AT KOSHAMATTAM HOUSE,
                MANARCAD P.O,
                MANARCADU VILLAGE, KOTTAYAM TALUK,
                KOTTAYAM DISTRICT, PIN - 686010


                SRI.DENNY DEVASSY, SR.GOVERNMENT PLEADER



         THIS    OP   (CIVIL)    HAVING        COME   UP    FOR    ADMISSION    ON
24.02.2022,        THE   COURT    ON     THE     SAME      DAY    DELIVERED    THE
FOLLOWING:
 O.P.(C)No.374 of 2022
                                   ..3..




                         A.BADHARUDEEN, J.

        ------------------------------------------------------------
                        O.P.(C)No.374 of 2022
         ------------------------------------------------------------
          Dated this the 24th day of February, 2022

                            JUDGMENT

This is an application filed under Article 227 of the

Constitution of India whereby, the petitioner wants to serve

copy of CMA No.5 of 2022 pending before the District Court,

Kottayam to the learned counsel appearing for the second

respondent before the trial court. The prayer herein is to

direct the District Judge to order notice as proposed. For

clarity, prayer in this original petition is extracted as follows;

"For the reason stated above and other grounds which may be urged at the time of the hearing, it is most humbly prayed that this Honourable Court may be pleased:- a. To issue an order directing the District Court, Kottayam to advance the hearing of CMA No.5 of 2022 on an earlier date within a period of 10 days and to O.P.(C)No.374 of 2022 ..4..

dispose of the same. b. To issue an order of the District Court, Kottayam to permit the petitioner to serve the notice of CMA No.5 of 2022 to the counsel appearing for the defendants in OS No.585 of 2021 before the Munsiff's Court Kottayam appeared during the course of hearing resulting in the order as reflected in Exhibit P2. c. Issue such other reliefs that may be urged at the time of hearing which this Honourable Court may deem fit and proper in the facts and circumstances of the case."

2. Heard the learned counsel for the petitioner.

3. It is submitted by the learned counsel for the

petitioner that no petition filed before the District Court

seeking permission to serve copy of notice to the counsel

appearing for the second respondent in CMA No.5 of 2022,

before the trial court, so far. Therefore, this petition is

disposed of directing the petitioner to file such a petition

before the District Court in this regard and in such event, the

learned District Judge is directed to consider the same and

pass orders therein within a period of ten days, as per law to O.P.(C)No.374 of 2022 ..5..

address the grievance of the petitioner. Further the District

Judge also to hear and dispose of CMA 5 of 2022, as early as

possible, at any rate, within a period of two weeks, after

completing the service of notice as per law.

This original petition stands disposed of as above.

Sd/-

A.BADHARUDEEN, JUDGE rkj O.P.(C)No.374 of 2022 ..6..

APPENDIX OF OP(C) 374/2022

PETITIONER ANNEXURES Exhibit 1 A TRUE COPY OF THE ORDER OF MUNSIFF'S COURT, KOTTAYAM DATED 6/01/2022 IN IA NO. 1 OF 2021 Exhibit 2 A TRUE COPY OF THE MEMORANDUM OF CMA NO. 5 OF 2022 DATED 15-2-2016 ON THE FILES OF DISTRICT COURT, KOTTAYAM