Kerala High Court
Septagon Builders And Developers India ... vs Ranjan Kuriakose on 5 June, 2024
Author: Kauser Edappagath
Bench: Kauser Edappagath
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
WEDNESDAY, THE 5TH DAY OF JUNE 2024 / 15TH JYAISHTA, 1946
OP(C) NO. 1188 OF 2024
AGAINST THE ORDER/JUDGMENT DATED 01.04.2024 IN OS NO.55
OF 2019 OF ASSISTANT SESSIONS COURT/PRINCIPAL SUB
COURT / COMMERCIAL COURT, THIRUVANANTHAPURAM
PETITIONERS/RESPONDENTS/PLAINTIFFS:
1 SEPTAGON BUILDERS AND DEVELOPERS INDIA PRIVATE
LTD,
II-FLOOR, SOPHIA BUILDING,
OPP. BISHOP HOUSE, PATTOM,
PATTOM P.O.,
THIRUVANANTHAPURAM
REPRESENTED BY ITS DIRECTOR RENU ABRAHAM,
PIN - 695004
2 K. P. V. ABRAHAM,
AGED 60 YEARS
S/O. LATE VASU,
CHAIRMAN,
M/S. SEPTAGON BUILDERS AND DEVELOPERS INDIA
PRIVATE LTD,
II- FLOOR, SOPHIA BUILDING,
OPP. BISHOP HOUSE, PATTOM,
PATTOM P.O., THIRUVANANTHAPURAM,
PIN - 695004
3 BLESSAN ABRAHAM
AGED 30 YEARS
S/O. K. P. V. ABRAHAM,
MANAGING DIRECTOR M/S. SEPTAGON BUILDERS AND
DEVELOPERS INDIA PRIVATE LTD,
II- FLOOR, SOPHIA BUILDING,
OPP. BISHOP HOUSE, PATTOM,
PATTOM P.O., THIRUVANANTHAPURAM,
PIN - 695004
O.P.(C) No.1188 of 2024
:2:
4 RENU ABRAHAM
AGED 57 YEARS
W/O. K. P. V. ABRAHAM,
DIRECTOR M/S. SEPTAGON BUILDERS AND DEVELOPERS
INDIA PRIVATE LTD,
II- FLOOR, SOPHIA BUILDING,
OPP. BISHOP HOUSE, PATTOM,
PATTOM P.O., THIRUVANANTHAPURAM AND
RESIDING AT "NAZARETH", XIX/322,
MUTTADA P.O., THIRUVANANTHAPURAM,
PIN - 695025
BY ADVS.
G.RAJEEV
AJITH KUMAR.S
NAVEEN RADHAKRISHNAN
RESPONDENTS/PETITIONERS/DEFENDANTS:
1 RANJAN KURIAKOSE,
AGED 49 YEARS
S/O. T. N. KURIAKOSE,
RESIDING AT HOUSE NO.3, PRASANTH HILL,
NEAR CDS, PRASANTH NAGAR,
ULLOOR, MEDICAL COLLEGE P.O.,
THIRUVANANTHAPURAM,
PIN - 695011
2 HANNAH RANJAN,
AGED 42 YEARS
W/O. RANJAN KURIAKOSE,
RESIDING AT HOUSE NO.3, PRASANTH HILL,
NEAR CDS, PRASANTH NAGAR, U
LLOOR, MEDICAL COLLEGE P.O.,
THIRUVANANTHAPURAM,
PIN - 695011
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
05.06.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
O.P.(C) No.1188 of 2024
:3:
JUDGMENT
Dated this the 5th day of June, 2024
Ext. P15 order allowing amendment of the counter claim is
under challenge in this Original Petition.
2. The petitioners are the plaintiffs and the respondents are
the defendants in OS No.55/2019 on the files of the Principal Sub
Court, Thiruvananthapuram (for short 'trial court'). Ext.P1 is the
plaint. The suit was filed to realise a sum of Rs.2,22,93,907/- from
the defendants and also for a decree of permanent prohibitory
injunction. The defendants entered appearance and filed Ext.P2
written statement disputing the plaint claim. Later they raised
Ext.P3 counter claim along with additional written statement. In
the counter claim the defendants claimed that on account of the
breach of contractual obligation by the plaintiff, they have
sustained damages which was estimated at Rs.2 Crores. The
counter claim was preferred to realise the said sum. Thereafter, a
Commissioner was deputed along with an expert to estimate the
damages. Accordingly, the Commissioner filed a report. Ext.P11
is the report. Thereafter, the defendants filed Ext.P13 application
to amend counter claim to enhance the damages claimed in tune
with the damages assessed by the Commissioner. The trial court
as per the impugned order allowed the amendment application.
Challenging the said order, this Original Petition has been filed.
3. Heard both sides.
4. It is true that the amendment application was filed after
the commencement of the trial. However, it is a fact that the
amendment was sought in tune with the report of the
Commissioner which was filed just before the commencement of
the trial. Therefore, there is no merit in the contention that the
application could have been filed earlier. It is settled that even
after the commencement of the trial, pleadings can be amended if
it is found necessary for the just decision of the case. As stated
already, the counter claim has been preferred by the defendants
claiming damages from the plaintiffs. The Commissioner was
deputed to assess the damages. The amendment was sought in
tune with the damages assessed by the Commissioner. The
amendment would not alter or change the nature or character of
the counter claim. I find no reason to interfere with the impugned
order. Accordingly, the Original Petition is dismissed.
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
MSA
APPENDIX OF OP(C) 1188/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE PLAINT DT.19-03-2019 IN
O.S. NO. 55 OF 2019 ON THE FILE OF THE
PRINCIPAL SUB COURT, THIRUVANANTHAPURAM
Exhibit P2 TRUE COPY OF THE ORIGINAL WRITTEN
STATEMENT DATED NIL TO EXHIBIT P1 SUIT
FILED BY THE RESPONDENTS
Exhibit P3 TRUE COPY OF THE ADDL. WRITTEN STATEMENT
WITH COUNTERCLAIM DT.27-03-2023 FILED BY
THE RESPONDENTS HEREIN IN EXHIBIT P1 SUIT
Exhibit P4 TRUE COPY OF THE WRITTEN STATEMENT DT.22-
06-2023 FILED BY THE PETITIONERS HEREIN
TO THE EXHIBIT P3 ADDL. WRITTEN STATEMENT
WITH COUNTERCLAIM.
Exhibit P5 TRUE COPY OF I.A. NO. 6 OF 2023 DT.28-11-
2023 FILED BY THE RESPONDENTS IN EXHIBIT
P1 SUIT
Exhibit P6 TRUE COPY OF THE COUNTER AFFIDAVIT DT.01-
12-2023, FILED BY THE PETITIONERS TO
EXHIBIT P5
Exhibit P7 TRUE COPY OF I.A. NO. 7 OF 2023 DT.28-11-
2023 FILED BY THE RESPONDENTS HEREIN FOR
REMOVING EXHIBIT P1 OUT OF LIST FOR
TRIAL.
Exhibit P8 TRUE COPY OF THE COUNTER AFFIDAVIT DT.01-
12-2023, FILED BY THE PETITIONERS TO
EXHIBIT P7
Exhibit P9 TRUE COPY OF THE AFFIDAVIT IN-LIEU OF
EVIDENCE ON BEHALF OF THE PLAINTIFFS
DT.06-12-2023 FILED BY THE PETITIONERS
Exhibit P10 TRUE COPY OF THE PRELIMINARY REPORT
DATED.01-03-2024 FILED BY THE ADVOCATE
COMMISSIONER GOWRI NATH S.
Exhibit P11 TRUE COPY OF THE FINAL REPORT DT. 16-03-
2024 FILED BY THE ADVOCATE COMMISSIONER
GOWRI NATH S.
Exhibit P12 TRUE COPY OF OBJECTION DT.25-03-2024
FILED BY THE PETITIONERS HEREIN TO
EXHIBIT P11 COMMISSION REPORT
Exhibit P13 TRUE COPY OF I.A. NO. 9 OF 2024 DT. 22-
03-2024 PRAYING TO AMEND THE EXHIBIT P3
ADDITIONAL WRITTEN STATEMENT WITH
COUNTERCLAIM
Exhibit P14 TRUE COPY OF THE COUNTER AFFIDAVIT DT.25-
03-2024 FILED BY THE PETITIONERS HEREIN
AGAINST EXHIBIT P13
Exhibit P15 TRUE COPY OF ORDER DT.01-04-2024 IN
EXHIBIT P13 APPLICATION IN EXHIBIT P1
SUIT
