N.K.Jayakumar vs M/S. Aswani Apparels Priceless ...
2023 Latest Caselaw 6307 Ker

OP(C) NO. 944 OF 2019

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                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                   THE HONOURABLE MR. JUSTICE P.SOMARAJAN
          MONDAY, THE 12TH DAY OF JUNE 2023 / 22ND JYAISHTA, 1945
                           OP(C) NO. 944 OF 2019
AGAINST THE ORDER DATED 18/3/2019 IN IA NO. 1145/2019 IN OS 18/2015 OF
                          SUB COURT-III, ERNAKULAM
PETITIONER/2ND DEFENDANT:

             N.K.JAYAKUMAR
             S/O. V.G. KUMARAN NAIR,
             REVATHY HOUSE, KURUMASSERY P.O, OPP. BETHRONY SEMINARY,
             ERNAKULAM DISTRICT, PIN-683 579

             BY ADV BOBBYMATHEW KOOTHATTUKULAM


RESPONDENTS/PLAINTIFF AND DEFENDANT 1 AND 3:

      1      M/S. ASWANI APPARELS PRICELESS SHOP,
             VYTILLA, ERNAKULAM, A REGISTERED PARTNERSHIP FIRM
             REPRESENTED BY ITS PARTNER SUSHIL D. ASWANI, PIN-682 019
      2      SUDHEESH NARAYANAN,
             S/O. LATE ANANTHA KRISHNA IYER, RESIDING AT AVITOM,
             KADAVANTHRA, COCHIN, NOW RESIDING AT MADAMPADY KIZHAKKE
             MADOM, MANCOMPU KARA, PULINCUNNU VILLAGE, KUTTANAD TALUK,
             ALLEPPEY DISTRICT, PIN-688 502
      3      SMT. NIRMALA SISUPALAN,
             W/O. T.C. SISUPALAN, THACHAITH HOUSE, NEAR ST. JOHN'S
             HOSPITAL, UDAYAMPEROOR, SOUTH PARAVOOR, PIN-682 307
             BY ADVS.
             SRI.A.T.ANILKUMAR
             SMT.V.SHYLAJA


      THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 12.06.2023, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(C) NO. 944 OF 2019

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                                  JUDGMENT

When the matter came up for hearing, the learned

counsel for the respondents fairly submitted that

they have no objection in examining the first three

witnesses in the witness schedule. The 4th witness

is the wife of Managing Director and she is settled

in Bombay. She is an age old lady. Further, it is

submitted that there is no much relevance as far as

the examination of that witness is concerned.

Hence, the order, Ext.P10 will stand set aside by

enabling the party to examine the first three in the

witness list.

The O.P.(C) will stand allowed accordingly.

Sd/-

P.SOMARAJAN JUDGE msp OP(C) NO. 944 OF 2019

APPENDIX OF OP(C) 944/2019

PETITIONER EXHIBITS EXHIBIT P1 A TRUE COPY OF THE PLAINT IN O.S. NO. 18/2015. EXHIBIT P2 A TRUE COPY OF THE JOINT WRITTEN STATEMENT FILED BY THE DEFENDANTS 1 AND 2 IN O.S. NO. 18/2015 EXHIBIT P3 A TRUE COPY OF THE ADDITIONAL WRITTEN STATEMENT FILED BY THE 2ND DEFENDANT.

EXHIBIT P4 A TRUE COPY OF THE PROOF AFFIDAVIT FILED BY THE PETITIONER.

EXHIBIT P5 A TRUE COPY OF THE LETTER OF APPOINTMENT ISSUED BY ZODIAC DATED 01.08.2000 EXHIBIT P6 A TRUE COPY OF THE LETTER CONFIRMING THE APPOINT ISSUED BY ZODIAC DATED 30.08.2002 EXHIBIT P7 A TRUE COPY OF IA. NO. 1145/2019 TO RECEIVE THE LIST OF WITNESSES.

EXHIBIT P8 A TRUE COPY OF THE LIST OF WITNESSES DATED 13.03.2019 SUBMITTED BY THE PETITIONER HEREIN. EXHIBIT P9 A TRUE COPY OF THE RELEVANT PAGES OF THE PASSPORT OF THE PETITIONER.

EXHIBIT P10 CERTIFIED COPY OF THE ORDER DATED 18.03.2019 IN I.A. NO.1145/2019 IN O.S.NO.18/2015.