Great India Estates Pvt.Ltd vs Dr.Subhalaxmi Valli Vinayakom
2023 Latest Caselaw 9962 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
 MONDAY, THE 18TH DAY OF SEPTEMBER 2023 / 27TH BHADRA, 1945
                   OP(C) NO. 1870 OF 2023
PETITIONERS:
    1     GREAT INDIA ESTATES PVT.LTD.,
          REPRESENTED BY ITS MANAGING DIRECTOR,
          IQBAL ELIAS, S/O.J.M.ELLIAS, AGED 71,
          HAVING ITS REGISTERED OFFICE AT FIRST FLOOR,
          NEW CORPORATION BUILDING, LMS JUNCTION,
          PALAYAM P.O., THIRUVANANTHAPURAM, PIN - 695033
    2     NAJEEB ELIAS MOHAMMED
          AGED 67 YEARS, S/O.J.M.ELLIAS,
          CHAIRMAN & DIRECTOR GREAT INDIA ESTATES
          PVT.LTD., PADIYATH HOUSE, TC-4/1240(2),
          66-RPD MARG, KURAVANKONAM, KOWDIAR P.O.,
          THIRUVAANTHPURAM, PIN - 695003
          BY ADV.
          SRI.M.SREEKUMAR
RESPONDENTS:
    1     DR.SUBHALAXMI VALLI VINAYAKOM
          24/588, NITHYA VAISAGK, THYCAUD P.O.,
          THIRUVANANTHAPURAM - 695014
    2     DR.K.M.VINAYAKOM
          24/588, NITHYA VAISAGK, THYCAUD P.O.,
          THIRUVANANTHAPURAM - 695014
    3     A.R.ANILKUMAR
          CHIEF OPERATION OFFICER, GREAT INDIA
          ESTATES PVT.LTD. FIRST FLOOR, NEW CORPORATION
          BUILDING, LMS JUNCTION, PALAYAM P.O.,
          THIRUVANANTHAPURAM, PIN - 695033
    4     NATIONAL CONSUMER DISPUTES REDRESSAL
          COMMISSION, NEW DELHI, UPBHOKTA NYAY BHAWAN,
          'F' BLOCK, GENERAL POOL OFFICE COMPLEX,
          INA, NEW DELHI, PIN - 110023
          REPRESENTED BY ITS REGISTRAR,
          BY ADVS.
          UNNIKRISHNAN C
          D.JAYAKRISHNAN(K/975/2006)
          NIDHI BALACHANDRAN(K/307/1999)
          ANANDA PADMANABHAN(K/597/2017)
          UTHARA A.S(K/514/2019)
          VIJAYKRISHNAN S. MENON(K/001627/2019)
          VIVEK NAIR P.(K/1216/2021)
          GOUTHAM KRISHNA U.B.(K/1746/2020)
 O.P.(C).No. 1870 of 2023
                                     :2:


               SRI. SUNIL K.KURIAKOSE, GP,
               SRI. UNNIKRISHNAN CHANDRAN PILLAI



       THIS      OP    (CIVIL)   HAVING    COME   UP   FOR   ADMISSION   ON
18.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 O.P.(C).No. 1870 of 2023
                                  :3:


                      DEVAN RAMACHANDRAN, J.
                 =========================
                        O.P.(C).No. 1870 of 2023
                ==========================
               Dated this the 18th day of September, 2023

                             JUDGMENT

Even though the petitioners impugn Ext.P7 order, their learned

Senior Counsel - Sri.S.Sreekumar, instructed by Sri.M.Sreekumar,

pleaded indulgence of this Court to grant them four months time to

pay off the amounts covered by Exts.P1 to P3.

2. Sri.S.Sreekumar - learned Senior Counsel further submitted

that his clients will pay Rs.1 Crore into the accounts of respondents 1

and 2 within two days from today; and the balance not later than

31.12.2023.

3. Sri.C.Unnikrishnan - learned counsel for respondents 1 and

2, submitted that his clients will accept the afore suggestion; but

pleaded that the time for payment of the balance be granted only till

October, 2023.

4. I notice that Ext.P7 is an order issued by the National

Consumer Disputes Redressal Commission, asking the petitioners to

be personally present, unless the earlier order issued by it is fully

complied with. Since the petitioners are now offering to comply with

Exts.P1 to P3 fully, I deem it appropriate to grant them some latitude.

In the afore circumstances, I order this Original Petition

directing that action pursuant to Ext.P7 order will stand deferred, on O.P.(C).No. 1870 of 2023

condition that petitioners remit Rs.1 Crore into the accounts of

respondents 1 and 2, within two days from today; and the full balance

as per Exts.P1 to P3, not later than 15.12.2023.

If the petitioners are to default payment of any of the afore,

then, further action as per Ext.P7 will be taken forward, without

having to obtain any further orders from this Court.

I clarify that I have not entered into the merits of any of the

rival contentions, and they are all left open, in case it requires to be

decided by the National Consumer Disputes Redressal Commission in

future.

Sd/-

DEVAN RAMACHANDRAN JUDGE anm O.P.(C).No. 1870 of 2023

APPENDIX OF OP(C) 1870/2023 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF SETTLEMENT AGREEMENT DATED 4.10.2021 BETWEEN PARTIES Exhibit P2 TRUE COPY OF THE ORDER IN CC NO.580/2019 DATED 07.10.2021 OF THE 4TH RESPONDENT: Exhibit P3 TRUE COPY OF ORDER IN MA/4/2022(FOR DIRECTIONS) IN CC NO.580/2019 DATED 25.1.2022 OF THE 4TH RESPONDENT Exhibit4 TRUE COPY OF EA NO. 192 0F 2022 IN CC NO.580/19 ON THE FILE OF THE 4TH RESPONDENT DATED 4.10.2021 WITHOUT ANNEXURES Exhibit P5 TRUE COPY OF THE NOTICE DATED 14.10.2022 IN EA NO. 192 0F 2022 IN CC NO.580/19 ISSUED TO THE PETITIONERS Exhibit P6 TRUE COPY OF ORDER DATED 5.7.23 IN EA NO.

192 OF 2022 IN CC NO.580/19 OF THE 4TH RESPONDENT Exhibit P7 TRUE COPY OF ORDER DATED 17.8.2023 IN EA NO. 192 0F 2022 IN CC NO.580/19 OF THE 4TH RESPONDENT Exhibit P8 TRUE COPY OF THE NOTICE DATED 29.8.2023 IN EA NO. 192 0F 2022 IN CC NO.580/19 ISSUED TO THE PETITIONERS Exhibit P9 TRUE COPY OF THE AGREEMENT FOR LAND CONSTRUCTION DATED 16.09.2016 EXECUTED BETWEEN FIRST PETITIONER AND RESPONDENTS 1 AND 2 Exhibit P10 TRUE COPY OF THE DISCHARGE SUMMARY OF 1ST PETITIONER ISSUED FROM THE KIMS HEALTH HOSPITAL DATED 28.05.2022