Kerala High Court
Solaman G vs M/S. Harisons Malayalam Limited ... on 13 April, 2023
OP(C) NO. 1003 OF 2015 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
THURSDAY, THE 13TH DAY OF APRIL 2023 / 23RD CHAITHRA, 1945
OP(C) NO. 1003 OF 2015
OS 360/2013 OF MUNSIFF MAGISTRATE COURT, DEVIKULAM
MTOP 335/2014 OF MUNNAR SPECIAL TRIBUNAL
PETITIONER/S:
1 SOLAMAN G.
AGED 53 YEARS,S/O.GHEVARGHESE NINAN, RICE TOWERS, DOOR
NO.CC 28/3039, CHERUPARAMBATHU ROAD, KADAVANTHRA,
KANAYANNUR TALUK, ERNAKULAM DISTRICT.
2 SALIN GOPINATHAN NAIR SALIN G NAIR
AGED 51 YEARS, S/O.P.K.G NAIR, AGRICULTURIST, MULLOTHU
AMBADY ENCLAVE HOUSE, CHITTOOR ROAD, KARITHALA,
KANAYANNUR TALUK, ERNAKULAM DISTRICT.
3 ABRAHAM NAPTHALI AGED 70 YEARS
S/O.NAPTHALI, AGRICULTURIST, THEVARKATIL HOUSE, DOOR
NO.38/2971, ELAMKULAM VILLAGE,KALOOR, ERNAKULAM
DISTRICT.
BY ADV SRI.G.SREEKUMAR (CHELUR)
RESPONDENT/S:
M/S. HARISONS MALAYALAM LIMITED COMPANY
A COMPANY INCORPORATED IN INDIA HAVING REGISTERED
OFFICE AT BRISTOW ROAD, P.B.NO.502, WILLINGTON ISLAND,
KOCH, REP: BY ITS GROUP MANAGER AND AUTHORISED PERSON
RAVIKUMAR, AGED 54 YEARS, S/O.LATE T.PADMANABHAN UNNI,
SENIOR MANAGER, RESIDING AT COMPANY BUNGALOW AT
NAGAMALAI, UPPER SURANELLY, CHINNAKANAL VILLAGE,
UDUMBANCHOLA TALUK-673 001.
BY ADVS.
SRI.P.BENNY THOMAS
SRI.M.GOPIKRISHNAN NAMBIAR
SRI.P.GOPINATH
SRI.K.JOHN MATHAI
SRI.JOSON MANAVALAN
SRI.KURYAN THOMAS
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 13.04.2023,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(C) NO. 1003 OF 2015 2
JUDGMENT
The original petition is filed to set aside the order
passed by the Court of the Munsiff, Devikulam,
transferring O.S.No.360/2013 to the Munnar Special
Tribunal.
2. When the original petition came up for
consideration on 10.04.2023, this Court had called for a
report from the court below to ascertain the status of
O.S.No.360/2013.
3. The learned Munsiff, Devikulam, by
communication dated 11.04.2023, has informed this Court
that O.S.No.360/2013 was transferred to the Tribunal and
re-numbered as MTOP No.335/2014. On the abolishment
of the Tribunal, the suit was re-transferred back to the
court below and has been re-numbered as
O.S.No.468/2019. The suit is now pending consideration.
However, in view of the stay order passed by this Court,
the suit has not progressed.
4. Heard; Sri.Sreekumar G. Chelur, the learned
counsel appearing for the petitioners and
Sri.M.Gopikrishnan Nambiar, the learned counsel
appearing for the respondent.
5. In the light of the above communication, I hold
that the original petition has become infructuous.
6. Resultantly, the original petition is dismissed as
infructuous.
7. The Court of the Munsiff, Devikulam is directed
to consider and dispose of O.S.No.468/2019, in accordance
with law and as expeditiously as possible.
The Registry is directed to communicate a copy of this
judgment to the court below.
Sd/-
C.S.DIAS, JUDGE
okb/13.4.23
//True copy// P.S. to Judge
