Baburaj Thoonoly vs Sebi K. Pius
2023 Latest Caselaw 9024 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT

                    THE HONOURABLE MR.JUSTICE C.S.DIAS

         WEDNESDAY, THE 23RD DAY OF AUGUST 2023 / 1ST BHADRA, 1945

                          OP(C) NO. 1756 OF 2023

 AGAINST THE ORDER DATED 21.08.2023 IN IA NO.3/2023 IN OS 649/2023 OF II
                    ADDITIONAL MUNSIFF COURT, ERNAKULAM

PETITIONERS/RESPONDENTS/DEFENDANTS:

     1      BABURAJ THOONOLY
            AGED 50 YEARS, S/O. LATE P. BALAN, DIRECTOR, FLORENTIUS
            HEALTHCARE PRIVATE LIMITED, NEAR KELTRON, NO. 670562,
            KALLIASSERI PO, THALIPARAMBA, KANUL, KANNUR, KERALA, PIN -
            670567

     2      SANJEEV KRISHNAN K.
            AGED 43 YEARS, S/O. KRISHNAN NAIR, DIRECTOR, FLORENTIUS
            HEALTHCARE PRIVATE LIMITED, KRISHNA USHUS, KONNANOORKONAM,
            KARAKONAM P.O., TRIVANDRUM, KERALA, PIN - 695504

     3      ANTONY THOMAS
            AGED 46 YEARS, S/O. E. A. THOMAS, DIRECTOR, FLORENTIUS
            HEALTHCARE PRIVATE LIMITED, EKKADAN HOUSE, EAST KOMBARA,
            IRINJALAKUDA (PART). THRISSUR, KERALA, PIN - 680121

     4      DEEPAK MANGATT SREEDHARAN
            AGED 45 YEARS
            S/O. LATE SREEDHARAN, DIRECTOR, FLORENTIUS HEALTHCARE
            PRIVATE LIMITED, "KARTHIK", MIG-448, 9TH CROSS ROAD,
            PANAMPILLY NAGAR, KOCHI, PIN - 682036

     5      RAJEE CHANDRAN
            AGED 40 YEARS, W/O. DEEPAK MANGATT SREEDHARAN, "KARTHIK",
            MIG-448, 9TH CROSS ROAD, PANAMPILLY NAGAR, KOCHI, PIN -
            682036

            BY ADVS.
            REJI GEORGE
            ANUPAMA JOHNY
            R.P.SREENIVASAN
            SAISANKAR.S

RESPONDENTS/PETITIONERS/PLAINTIFFS:

     1      SEBI K. PIUS
            AGED 58 YEARS, S/O PIUS K ABRAHAM, VILLA NO.16, SKYLINE
            ORION PARK, OPP. AL-AMEEN SCHOOL, EDAPALLY, ERNAKULAM, PIN
            - 682024
 OPC No.1756 of 2023
                                   2


     2       VINOD V. PILLAI
             AGED 42 YEARS, S/O O T VENKITACHALAM PILLAI(LATE), 34/1146,
             BMRA-13, BALAKRISHNA MENON ROAD, EDAPALLY, KOCHI, PIN -
             682024

             BY ADVS.
             G.HARIKUMAR (GOPINATHAN NAIR)
             AKHIL SURESH(K/000576/2016)

      THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 23.08.2023, THE
 COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OPC No.1756 of 2023
                                  3




                            C.S.DIAS, J.
                -------------------------
                      O.P.(C.) No.1756 of 2023
                -------------------------
          Dated this the 23rd day of August, 2023
                            JUDGMENT

The original petition is filed to quash the

order passed by the Court of Munsiff-II,

Ernakulam in I.A. No.3/2023 in O.S. No.649/2023.

2. The petitioners case is that, they are the

defendants in the above suit, which has been filed

by the respondents, inter alia, for a decree of

permanent prohibitory injunction to restrain the

petitioners from entering the premises of the

Company. Along with the suit, the respondents

had filed I.A. No.3/2023 for an order of temporary

injunction. The application was opposed by the

respondents through Ext.P3 counter affidavit. The

petitioners had filed Ext.P4 reply affidavit to OPC No.1756 of 2023

Ext.P3 counter affidavit. The court below, by the

order dated 21.08.2023, has allowed Ext.P2

application. Ext.P11 is the copy of the

proceedings dated 21.08.2023. The petitioners

propose to challenge the order passed in Ext.P2

application. But, they have not been issued with a

carbon/certified copy of the said order. The

petitioners are left remediless. Hence, the

original petition.

3. When the original petition came up for

consideration on 22.08.2023, this Court had

called for telephonic instructions from the court

below to ascertain the date on which the carbon

copy of the order could be issued to the

petitioners.

4. The learned Munsiff, by communication

dated 22.08.2023, has informed this Court that

the carbon copy of the order would be issued by

12 o'clock on 23.08.2023.

OPC No.1756 of 2023

5. Heard; Sri.Reji George, the learned

counsel appearing for the petitioners and

Sri.Akhil Suresh, the learned counsel appearing

for the respondents.

6. Sri.Akhil Suresh, on instructions,

submitted that the respondents have already filed

a caveat original petition before the lower

appellate court. The respondents are already at

the helm of affairs. Therefore, this Court may not

pass any order of 'status quo'.

7. The learned counsel appearing for the

petitioners submitted that the petitioners

immediately propose to file a civil miscellaneous

appeal before the lower appellate court. But, they

are precluded from doing the same since the

order has not been issued.

8. Having considered the pleadings and

materials on record and after perusing the

communication of the learned Munsiff, in exercise OPC No.1756 of 2023

of the supervisory powers of this Court under

Article 227 of the Constitution of India, I am

inclined to order the original petition.

Resultantly, I order the original petition as

follows:

(i) The court of Munsiff-II, Ernakulam is

directed to issue the carbon copy of the order

passed in Ext.P2 application to the petitioners

today itself, if the application is in order.

(ii) The Registry is directed to communicate

the judgment to the Munsiff, Ernakulam.

(iii) The respondents are directed not to

enforce the order passed in Ext.P2 application for

a period of two days.

Sd/-

C. S. DIAS JUDGE SKP/23 -08 OPC No.1756 of 2023

APPENDIX OF OP(C) 1756/2023

PETITIONER'S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE PLAINT IN O.S.NO.649/2023 ON THE FILE OF THE HON'BLE MUNSIFF'S COURT€"II, ERNAKULAM EXHIBIT P2 A TRUE COPY OF I.A.NO.3/2023 FILED BY THE RESPONDENTS IN O.S.NO.649/2023 ON THE FILE OF THE HON'BLE MUNSIFF'S COURT€"II, ERNAKULAM EXHIBIT P3 A TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE PETITIONERS IN I.A.NO.3/2023 BEFORE THE HON'BLE MUNSIFF'S COURT€"II, ERNAKULAM EXHIBIT P4 A REPLY AFFIDAVIT IN I.A.NO.3/2023 BEFORE THE HON'BLE MUNSIFF'S COURT€"II, ERNAKULAM EXHIBIT P5 A TRUE COPY OF THE NOTICE DATED 19.07.2023 ISSUED BY THE REGISTRAR OF COMPANIES, CHENNAI, ALONG WITH A COPY OF THE COMPLAINT FILED BY THE RESPONDENTS EXHIBIT P6 A TRUE COPY OF THE MINUTES OF THE MEETING OF THE BOARD OF DIRECTORS OF THE COMPANY HELD ON 05.02.2014 AND SIGNED BY ALL DIRECTORS INCLUDING THE RESPONDENTS EXHIBIT P7 A TRUE COPY OF THE MUSTER ROLL OF THE YEAR 2014 WAS PRODUCED BEFORE THE HON'BLE MUNSIFF'S COURT AS DOCUMENT NO. 20. A TRUE COPY OF THE MUSTER ROLL OF THE EMPLOYEES OF THE COMPANY DURING THE PERIOD FROM 01.02.2014 TO 28.02.2014 EXHIBIT P8 A TRUE COPY OF THE MINUTES OF THE MEETING OF THE BOARD OF DIRECTORS OF THE COMPANY HELD ON 05.07.2016 AND SIGNED BY ALL DIRECTORS INCLUDING THE RESPONDENTS EXHIBIT P9 A TRUE COPY OF THE EMAIL SENT BY THE 1ST RESPONDENT ON 27.09.2021 EXHIBIT P10 A TRUE COPY OF THE APPLICATION FILED BY THE PETITIONERS ON 22.08.2023 FOR THE ISSUANCE OF AN URGENT CARBON COPY OF THE ORDER DATED 21.08.2023 PASSED BY THE HON'BLE MUNSIFF'S COURT€"II, ERNAKULAM IN I.A.NO. 3/2023 IN O.S. NO. 649/2023 EXHIBIT P11 A TRUE COPY OF THE PROCEEDINGS OF THE HON'BLE MUNSIFF'S COURT€"II, ERNAKULAM IN I.A.NO. 3/2023 IN O.S. NO. 649/2023 PUBLISHED IN THE OFFICIAL WEBSITE RESPONDENTS' EXHIBITS: NIL TRUE COPY P.A. TO JUDGE