M/S. Menkol Industries Private ... vs State Of Kerala
2023 Latest Caselaw 8903 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
          THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI
                                   &
                THE HONOURABLE MR.JUSTICE V.G.ARUN
     MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945
                           WA NO. 388 OF 2022
AGAINST THE JUDGMENT IN WP(C) 22019/2021 DATED 25.01.2022 OF HIGH
                            COURT OF KERALA
APPELLANT/PETITIONER:

          M/S. MENKOL INDUSTRIES PRIVATE LIMITED,
          EARLIER KNOWN AS M/S. BAUTECH GLOBAL INDUSTRIES PVT.
          LTD., PLOT NO.134, KINFRA INDUSTRIAL PARK, KANJIKODE
          WEST, PALAKKAD-678621, REPRESENTED BY ITS MANAGING
          DIRECTOR, MRS. DEEPA MADANAKUMAR.
          BY ADVS.
          SANTHOSH MATHEW
          ARUN THOMAS
          KARTHIKA MARIA
          ANIL SEBASTIAN PULICKEL
          ABI BENNY AREECKAL
          LEAH RACHEL NINAN
          MATHEW NEVIN THOMAS
          KARTHIK RAJAGOPAL


RESPONDENTS/RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY THE SECRETARY TO THE GOVERNMENT,
          DEPARTMENT OF FINANCE, GOVERNMENT SECRETARIAT, STATUE,
          THIRUVANANTHAPURAM-695033.
    2     KERALA FINANCIAL CORPORATION,
          VELLAYAMBALAM, THIRUVANANTHAPURAM-695033, REPRESENTED
          BY ITS MANAGING DIRECTOR.
    3     BRANCH MANAGER, PALAKKAD,
          KERALA FINANCIAL CORPORATION, BRANCH OFFICE, 1ST FLOOR,
          CENTURY COMPLEX, MATHAKOVIL STREET, SULTANPET,
          PALAKKAD-678001.
          BY ADVS.
          SRI.M.R.VENUGOPAL,SC,KFC
          ADV.DHANYA P.ASHOKAN
          ADV.S.MUHAMMAD ALIKHAN
          SR.GP.T.K.VIPINDAS
 WA NO. 388 OF 2022


                                    -2-

     THIS     WRIT    APPEAL   HAVING     COME   UP    FOR    ADMISSION   ON
14.08.2023,     THE    COURT   ON   THE     SAME      DAY    DELIVERED    THE
FOLLOWING:
 WA NO. 388 OF 2022


                                -3-

                          JUDGMENT

A.J.DESAI, C.J.

By way of the present appeal filed under Section 5 of the

Kerala High Court Act, 1958, the original petitioner has

challenged the judgment dated 25.01.2022, by which, the learned

Single Judge had dismissed the writ petition, on the ground that

the disputes between the parties are purely with regard to

commercial transaction and the relief sought by the petitioner can

be availed by resorting to other legal remedies.

2. We heard the learned Advocate appearing for the

appellant.

3. Endeavor has been made by the Advocate for the

appellant to project certain Clauses of the agreement for

consideration. After considering the statement filed by the 2 nd

respondent before the learned Single Judge and the terms and

conditions of the agreement, we completely agree with the

observation of the learned Single Judge that the disputes are

purely with regard to commercial transactions, which can be WA NO. 388 OF 2022

decided by the competent Civil Court.

Hence, the appeal is dismissed.

Sd/-

A.J.DESAI CHIEF JUSTICE

Sd/-

V.G.ARUN JUDGE

uu 14.08.2023