New India Fuels vs Issac N. Issac
2024 Latest Caselaw 15102 Ker

Kerala High Court

New India Fuels vs Issac N. Issac on 4 June, 2024

Author: Anil K. Narendran

Bench: Anil K.Narendran

R.F.A.No.353 of 2022
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             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
           THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
                                 &
       THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
   TUESDAY, THE 4TH DAY OF JUNE 2024 / 14TH JYAISHTA, 1946
                        RFA NO. 353 OF 2022
  AGAINST THE JUDGMENT AND DECREE DATED 22.06.2022 IN O.S.
                  NO.30 OF 2018 OF SUB COURT, PALA
APPELLANT/DEFENDANT/COUNTER CLAIM PLAINTIFF:

             NEW INDIA FUELS
             PONKUNNAM, REPRESENTED BY ITS PROPRIETOR,
             JOHNY THOMAS, AGED 59 YEARS, S/O. THOMAS,
             VELLAPPANIYIL HOUSE, KOORALI P.O., ELANGULAM
             KARA, ELANGULAM VILLAGE, KANJIRAPPALLY TALUK,
             KOTTAYAM DISTRICT, PIN - 686 522.

             BY ADVS.
             S.RANJIT (K/250/1999)
             RAJEEV.P.NAIR
             GOKUL DAS V.V.H.

RESPONDENT/PLAINTIFF/COUNTER CLAIM DEFENDANT:

             ISSAC N. ISSAC
             AGED 65 YEARS, S/O. ISSAC,
             NEDUMAVIL HOUSE, CHENGALAM P.O,
             CHENGALAM EAST VILLAGE, KOTTAYAM TALUK,
             KOTTAYAM DISTRICT, PIN - 686 585.

             BY ADVS.
             VARGHESE C. KURIAKOSE
             SUSANTH SHAJI(K/1566/2018)
             ALBIN A. JOSEPH(K/1299/2020)
             AMRITHA.J(K/552/2020)

       THIS REGULAR FIRST APPEAL HAVING COME UP FOR ADMISSION
ON 04.06.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 R.F.A.No.353 of 2022
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                                JUDGMENT

Anil K. Narendran, J.

The appellant is the defendant in O.S.No.30 of 2018 filed by

the respondent herein-plaintiff before the Sub-Court, Pala, for

realisation of money based on a dishonoured cheque. In that suit,

the appellant-defendant raised a counter claim. By the judgment and

decree dated 22.06.2022, the trial court decreed the suit and

dismissed the counter claim, whereby the plaintiff was allowed to

realise from the defendant and his assets a sum of Rs.12,86,800/-

with interest thereon at the rate of 6% per annum from the date of

suit, i.e., 04.06.2018 till realisaton. The plaintiff was also found

entitled to realise the cost of the suit from the defendant and his

assets. The judgment of the Sub Court is under challenge in this

appeal filed by the appellant-defendant, along with C.M.Application

No.1 of 2022 for condonation of delay.

2. On 21.12.2022, when this appeal along with the

C.M.Application came up for consideration, this Court issued

consolidated notice to the respondent. By the order dated

16.06.2023 in C.M.Application No.1 of 2022, the delay of 38 days in

filing the appeal was condoned. Thereafter, the appeal was admitted

on file, and the respondent entered appearance through counsel.

3. By the order dated 22.12.2023, the matter was referred

for mediation, and both parties were directed to appear before

Ernakulam Mediation Centre, in the premises of this Court, at 11.00

a.m., on 05.01.2024. The matter could not be settled in mediation.

The report dated 12.03.2024 of the mediator is placed on record.

4. The appellant filed I.A.No.1 of 2023, seeking extension of

time for payment of the balance court fee.

5. By the order dated 03.04.2024, this Court granted

extension of time by two weeks from that day for the appellant to

pay the balance court fee.

6. Today, when this matter is taken up for consideration, the

learned counsel for the appellant would submit that the appellant

could not pay the balance court fee, within the extended time granted

by this Court. Since the appellant is unable to pay the balance court

fee, this appeal may be rejected on that ground.

In such circumstances, taking note of the aforesaid submission

made by the learned counsel for the appellant, this appeal is rejected

for non-payment of the balance court fee.

Sd/-

ANIL K. NARENDRAN, JUDGE

Sd/-

HARISANKAR V. MENON, JUDGE anm