Kerala High Court
M/S. Kerala Vision Limited vs Sajna Ravuther on 28 May, 2024
Author: Kauser Edappagath
Bench: Kauser Edappagath
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
TUESDAY, THE 28TH DAY OF MAY 2024 / 7TH JYAISHTA, 1946
OP(C) NO. 957 OF 2022
IN OS NO.95 OF 2015 OF ADDITIONAL SUB COURT, THRISSUR
PETITIONER/PLAINTIFF:
M/S. KERALA VISION LIMITED,
DOOR NO. 171-22-7, SECOND FLOOR, ALPHA COMPLEX,
THOPPINMOOLA DESOM, POOTHOLE P.O, THRISSUR
VILLAGE, TALUK AND DISTRICT REP. BY PRESENT
MANAGING DIRECTOR SURESH P. B, AGED 54 YEARS, SON
OF. PERINGAZHI VEETIL BHASKARAN, THRISSUR TALUK,
KARAMUCK VILLAGE AND DESOM THRISSUR DISTRICT, PIN
- 680613
BY ADVS. K.B.GANGESH
SMITHA CHATHANARAMBATH
ATHIRA A.MENON
RESPONDENTS/DEFENDANTS:
1 SAJNA RAVUTHER
AGED 43 YEARS, DAUGHTER OF. VADAKKE VEETIL,
IBRAHIM RAVUTHER, CHIRAYINKEEZHU TALUK, SARKKARA
VILLAGE, MANJADIMOODU DESOM, THIRUVANANTHAPURAM
DISTRICT, PIN - 695305
2 JAYASANKAR
AGED 53 YEARS
SON OF . MULLAPPILLY VEETIL KRISHNAN NAIR,
THRISSUR TALUK, VIYYUR VILLAGE, P.O AND DESOM,
THRISSUR DISTRICT - 680010., PIN - 680010
O.P.(C).No.957/2022
-:2:-
3 SOORAJ
AGED 51 YEARS
SOORAJ, S/O. HABEEBULLA, RAJI BHAVAN, PEROORKKADA
VILLAGE, MUKKOLA DESOM,NETTAYAM P.O,
THIRUVANANTHAPURAM DISTRICT, PIN - 695103
4 LAILA
AGED 61 YEARS
LAILA, W/O. VADAKKE VEETIL IBRAHIM RAVUTHER,
CHIRAYINKEEZHU TALUK, SARKKARA VILLAGE,
MANJADIMOODU DESOM, THIRUVANANTHAPURAM DISTRICT.,
PIN - 695305
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
28.05.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
O.P.(C).No.957/2022
-:3:-
JUDGMENT
This original petition has been filed challenging Ext.P5
order.
2. The petitioner is the plaintiff and the respondents are
the defendants in O.S.No.95/2015 on the files of the Additional
Sub Court, Thrissur (for short 'the trial court'). The suit was one
for money. It is alleged that the 1 st defendant misappropriated
money from the plaintiff company and misutilised it with the aid
of defendants 2 to 4. In respect of the same subject matter, a
criminal case was registered by the CBCID, Ernakulam and the
investigation was going on. When the suit was listed for trial, the
plaintiff filed I.A.No.5/2022 to remove the case from the list on
the ground that the relevant documents relating to the case
were seized by the police in the connected criminal case and
those documents would be available only after the final report in
the criminal case was filed. The learned Munsiff dismissed the
application to remove the case from the list as per Ext.P5. It is
challenging the said order, the petitioner has approached this
Court.
3. I have heard the learned counsel for the petitioner.
There is no appearance for the respondents.
Ext.P5 order is dated 27/5/2022. Since interim stay was
granted by this Court, the suit was not proceeded with. Now
more than two years have been elapsed. In Ext.P4 application
filed by the petitioner to remove the case from the list, it was
stated that the final report in the criminal case would be
submitted in February, 2022 and thereafter the petitioner can
produce the relevant documents. Therefore, the petitioner must
be now in possession of all the documents to be produced.
Hence, this original petition is disposed of with a direction to the
learned Munsiff to list O.S.No.95/2015 for trial and dispose of the
same, in accordance with law.
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
kp
APPENDIX OF OP(C) 957/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE FIR IN CRIME NO.
1217/2011 OF VIYYUR POLICE STATION DATED
29.12.2011
Exhibit P2 TRUE COPY OF THE SEIZURE MAHAZAR DATED
24.01.2012 IN CRIME NO. 1217/2011 OF
VIYYUR POLICE STATION
Exhibit P3 TRUE COPY OF THE PLAINT IN OS NO.
95/2015 ON THE FILE OF ADDITIONAL SUB
COURT I, THRISSUR DATED 09.04.2015
Exhibit P4 TRUE COPY OF IA NO. 5/2022 IN OS NO.
95/2015 ON THE FILE OF ADDITIONAL SUB
COURT I, THRISSUR
Exhibit P5 TRUE COPY OF ORDER DATED 27.05.2022 IN
IA NO. 5/2022 IN OS NO. 95/2015 ON THE
FILE OF ADDITIONAL SUB COURT I, THRISSUR
