Kerala High Court
Sebastian Philip Cherukara vs Steven Allen Magidson on 3 April, 2024
Author: Kauser Edappagath
Bench: Kauser Edappagath
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
WEDNESDAY, THE 3RD DAY OF APRIL 2024 / 14TH CHAITHRA, 1946
OP(C) NO. 259 OF 2024
AGAINST THE ORDER/JUDGMENT DATED 07.12.2023 IN COMMERCIAL
SUIT NO.25 OF 2023 OF ASSISTANT SESSIONS COURT/PRINCIPAL SUB
COURT / COMMERCIAL COURT, ERNAKULAM
PETITIONER/DEFENDANT:
SEBASTIAN PHILIP CHERUKARA, AGED 61 YEARS
S/O C. T. JOY, RESIDING AT C4-AMEDEUS VILLA,
53/2651(G), KADAVANTHRA, KUNJAN BHAVA ROAD,
ERNAKULAM, PIN - 682019
BY ADVS.ASWIN GOPAKUMAR
ANWIN GOPAKUMAR, ADITYA VENUGOPALAN
NIKITHA SUSAN PAULSON, MAHESH CHANDRAN
SHALLET K. SAM, SARANYA BABU
RESPONDENT/PLAINTIFF:
STEVEN ALLEN MAGIDSON, AGED 66 YEARS
S/O. MELTON MAGIDSON, PRESIDENT - M/S. DOCUSTREAM
INC., 14860, WICKS BLVD, SAN LEANDRO, CA94577,
UNITED STATES OF AMERICA DIRECTOR AND 99%
SHAREHOLDER OF M/S DOCUSTREAM INDIA PRIVATE
LIMITED HAVING OFFICE AT 12B, COCHIN SPECIAL
ECONOMIC ZONE, KAKKANAD, ERNAKULAM, PIN - 682037
BY ADVS.PHILIP T.VARGHESE
PHILIP T.VARGHESE(K/000576/1991) ACHU SUBHA
ABRAHAM(K/001758/1999), V.T.LITHA(K/278/2006)
K.R.MONISHA(K/915/2013)
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
03.04.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
O.P.(C).No.259/2024
-:2:-
JUDGMENT
Dated this the 3rd day of April, 2024
The order under challenge in this original petition is
dismissal of the petition filed by the petitioner/defendant to
reject the plaint invoking Order VII Rule 11 of the Code of Civil
Procedure.
2. The rejection of the plaint has been sought on the
ground that the plaint does not disclose cause of action. In
exercise of jurisdiction vested with this Court under Article 227 of
the Constitution of India, I am not inclined to interfere with the
impugned order. However, it will be open to the petitioner to
raise the plea regarding cause of action at the time of trial.
3. The learned counsel for the petitioner further
submitted that the property of the defendant is already under an
ex-parte order of attachment. It is further submitted that the
petitioner has already filed a detailed objection to the application
for attachment. The counsel prays for a direction to the trial
court to dispose of the attachment application (I.A.No.1/2023).
Having heard both sides, I am of the view that such a
direction can be given. Hence, this original petition is disposed of
without interfering with the order impugned and directing the
Principal Sub Court/Commercial Court, Ernakulam to dispose of
I.A.No.1/2023, as expeditiously as possible, at any rate on or
before 30.6.2024.
sd/-
DR. KAUSER EDAPPAGATH
JUDGE
kp
APPENDIX OF OP(C) 259/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE PLAINT 06.12.2022 FILED
BY THE RESPONDENT BEFORE THE COMMERCIAL
COURT ERNAKULAM ON 27.02.2023.
Exhibit P2 TRUE COPY OF THE WRITTEN STATEMENT FILED
BY THE PETITIONER DATED 05.07.2023
Exhibit P3 TRUE COPY OF I.A. NO. 7 OF 2023 DATED
04.09.2023 FILED BY THE PETITIONER FOR
REJECTION OF PLAINT UNDER ORDER VII RULE
XI OF THE CODE OF CIVIL PROCEDURE, 1908
Exhibit P4 TRUE COPY OF THE COUNTER AFFIDAVIT DATED
01.11.2023 FILED BY THE RESPONDENT TO
I.A. NO. 7 OF 2023
Exhibit P5 CERTIFIED COPY OF THE ORDER DATED
07.12.2023 PASSED BY THE HON'BLE
COMMERCIAL COURT, ERNAKULAM IN I.A. NO.
7 OF 2023 IN C.S. NO. 25 OF 2023
