Kerala High Court
Kabeer Husain Minanna vs P.T. Joseph on 10 June, 2024
Author: Kauser Edappagath
Bench: Kauser Edappagath
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
MONDAY, THE 10TH DAY OF JUNE 2024 / 20TH JYAISHTA, 1946
OP(C) NO. 1224 OF 2024
AGAINST THE ORDER/JUDGMENT IN CS NO.310 OF 2020 OF
ASSISTANT SESSIONS COURT/PRINCIPAL SUB COURT/
COMMERCIAL COURT, ERNAKULAM
PETITIONERS/PETITIONERS/PLAINTIFFS:
1 KABEER HUSAIN MINANNA
AGED 61 YEARS, S/O. MUHAMMED ISMAIL,
VARICKAPLACKAL, CHURULIKODU P.O.,
PATHANAMTHITTA, PIN - 689668
2 MRS. JASMIN MOHAMMED FAZLUDEEN
AGED 59 YEARS, W/O.KABEER HUSAIN MINANNA,
VARICKAPLACKAL, CHURULIKODU P.O.,
PATHANAMTHITTA, PIN - 689668
3 M/S. ANVITA BUILDERS PVT.LTD.
AGED 54 YEARS, 40/137, VADAYATT HOUSE,
NETHAJI ROAD, SUBHASH LANE, EDAPALLY P.O.,
PALARIVATTOM 682 024,
REPRESENTED BY ITS MANAGING DIRECTOR,
MR. P.G. ANILKUMAR, AGED 54,
S/O. P.R. GOVINDAN, SREEVILLA,
SUBHASH COLONY, SOUTH JANATHA ROAD,
PALARIVATTOM, ERNAKULAM, PIN - 682025
BY ADVS.
K.R.VINOD
M.S.LETHA
NABIL KHADER
LOVEWIN VINU
YEDHU KRISHNAN V.J.
RESPONDENT/RESPONDENT/DEFENDANT:
P.T. JOSEPH
S/O. P.T. THOMAS, THE PROPRIETOR,
CHERYL ENTERPRISES, 48/425-O, EDAPALLY
RAGHAVANPILLAI ROAD, ELAMAKKARA,
RESIDING AT 11-C, CVC CALISTA,
EDAPALLY RAGHAVANPILLAI ROAD,
ELAMAKKARA, KOCHI, PIN - 682026
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
10.06.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
O.P.(C) No. 1224/2024
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JUDGMENT
I have heard Sri.K.R.Vinod, the learned counsel appearing for the
petitioners.
2. The limited prayer in this original petition is to give a direction
to the Commercial Court, Ernakulam for expeditious disposal of Ext.P3
application.
3. The suit is one for recovery of money based on an agreement.
The defendant has disputed the signature and execution of the said document
in the written statement filed by him. Hence, the plaintiffs filed Ext.P3
application to send the agreement to expert for scientifically examining the
signature of the defendant with his admitted signature. It is submitted by the
learned counsel for the petitioners that the respondent has not even filed
counter statement in the said application.
Having heard the learned counsel for the petitioners, this original
petition is disposed of with a direction to the Commercial Court, Ernakulam
to dispose of Ext.P3 application within a period of two months from the date
of receipt of a copy of this judgment.
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
APA
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APPENDIX OF OP(C) 1224/2024
PETITIONER EXHIBITS
EXHIBIT P1 THE COPY OF THE PLAINT IN C.S.NO.310/2020 IN
THE FILES OF COMMERCIAL COURT, ERNAKULAM DATED
14.10.2019
EXHIBIT P2 THE COPY OF THE WRITTEN STATEMENT FILED BY THE
RESPONDENT IN C.S.NO.310/2020 DATED 01.01.2022
EXHIBIT P3 THE COPY OF I.A.NO.4/2023 FILED BY THE
PETITIONERS U/S.45 OF INDIAN EVIDENCE ACT,
SEEKING TO CALL FOR EXPERT OPINION DATED
02.02.2023
