Kerala High Court
M/S.Vijaya Marketing Associates vs M/S. Southern Blomoulders on 22 June, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
Thursday, the 22nd day of June 2023 / 1st Ashadha, 1945
FAO NO. 65 OF 2023
EA 11/2023 IN EP 191/2016 IN OS 1085/2004 OF PRINCIPAL SUB COURT, KOTTAYAM
APPELLANTS/PETITIONERS/JUDGMENT DEBTORS:
1. M/S.VIJAYA MARKETING ASSOCIATES, MARKET ROAD, KOTTAYAM, REPRESENTED
BY ITS MANAGING DIRECTOR P.K. JOSE, PUTHUSSERI HOUSE, KUDAMALOOR
KARA, AYMANAM VILLAGE, KOTTAYAM - 686017
2. P.K.JOSE AGED 82 YEARS , S/O LATE KOCHUDEVASYA, PUTHUSSERIL HOUSE,
KUDAMALOOR KARA, AYMANAM VILLAGE, KOTTAYAM -686 017
BY ADVS.CHRISTINE MATHEW,RAPHAEL THEKKAN,AISWARYA E J VETTIKOMPIL,
RESPONDENTS/COUNTER PETITIONERS/DECREE HOLDERS:
1. M/S. SOUTHERN BLOMOULDERS , THAIKKATTUSSERI ROAD, THALOR, THRISSUR,
REPRESENTED BY ITS MANAGING PARTNER N.SURESH BABU, S/O UNNIKRISHNAN,
SREEKOVIL, MARAR ROAD, THRISSUR- PIN - 680001
2. REENA AGENCIES , ENARK BUILDING, MARAR ROAD, REPRESENTED BY ITS
MANAGING DIRECTOR RADHAKRISHNAN, SREEKOVIL, MARAR ROAD, THRISSUR ,
PIN - 680001
This First appeal from orders having come up for orders on
22.06.2023, upon perusing the appeal memorandum, the court on the same day
passed the following:
ANIL K. NARENDRAN & P.G. AJITHKUMAR, JJ.
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F.A.O.No.65 of 2023
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Dated this the 22nd day of June, 2023
ORDER
P.G. Ajithkumar, J.
This is an appeal filed under Section 104, read with
Order XLIII, Rule 1(j) of the Code of Civil Procedure, 1908.
The order of the Principal Sub Court, Kottayam dated
14.03.2023 in E.A.No.11 of 2023 in E.P.No.191 of 2016 in
O.S.No.1085 of 2004 is under challenge.
When this matter came up for admission, the learned
counsel appearing for the appellants would point out the
amendment brought about to the provisions in the Kerala
High Court Act, 1958 (for short "High Court Act") by the
Kerala High Court (Amendment) Act, 2018 (for short
"Amendment Act") and submit that this is a matter to be
heard by a Single Judge of this Court.
As per Section 3 of the Amendment Act, clause (13) of
Section 3 of the High Court Act was amended by replacing
Rs.1,00,000/- with Rs.40,00,000/-. Therefore, all appeals
from an original decree or in any suit or other proceedings,
F.A.O.No.65 of 2023
where the amount or value of the subject matter of the suit or
other proceedings does not exceed Rs.40,00,000/- has to be
heard by a Single Bench.
Section 3 of the Amendment Act reads as follows:-
"3. Special provision in respect of pending appeals,
suits and other proceedings.- Notwithstanding anything
contained in the principal Act or in any other law for the
time being in force, or in any judgment, decree or order
of any court, the provisions of sub-clauses (b) and (h) of
clause (13) of section 3 of the principal Act as amended
by this Ordinance shall apply to all suits, appeals and
other proceedings and the applications for compensation
under the Motor Vehicles Act, 1988 (Central Act 59 of
1988), as the case may be, instituted prior to the date of
commencement of this Ordinance and are pending
disposal and all appeals pending before the Bench of two
Judges of the High Court as on the said date, where the
amount or value of the subject matter of suits or other
proceedings involved does not exceed forty lakh rupees,
and all appeals from the awards passed by the Motor
Accidents Claims Tribunals, shall be transferred to, and
disposed of by the Single Judge:
Provided that the said provision shall not apply to
appeals pending before a Bench of two Judges under
section 5 of the principal Act."
F.A.O.No.65 of 2023
In view of the said provision in the Amendment Act,
even the appeals pending before the Division Bench, where
the amount of value of the subject matter does not exceed
Rs.40,00,000/- should be directed to be transferred, and
disposed of by a Single Bench. In the light of the said
provisions, this appeal, the value of the subject matter of
which is less than Rs.40,00,000/- should have been listed
before the Single Bench.
Registry is directed to list the matter accordingly.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
P.G. AJITHKUMAR, JUDGE
dkr
22-06-2023 /True Copy/ Assistant Registrar
