Bajath B vs M/S. Tata Tea Limited
2024 Latest Caselaw 29612 Ker

Kerala High Court

Bajath B vs M/S. Tata Tea Limited on 17 October, 2024

OP(C) No.2149/2024                       1/3

                      IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                       THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
            Thursday, the 17th day of October 2024 / 25th Aswina, 1946
                              OP(C) NO. 2149 OF 2024
         EA 107/2015 IN EA 80/2014 OF MUNSIFF MAGISTRATE COURT, DEVIKULAM
   PETITIONER/APPLICANTS IN EA/CLAIM PETITIONERS IN EP:

          BAJATH B., AGED 35 YEARS, (WRONGLY SHOWN AS BAJATHA B.), S/O DR.
          BALAKRISHNAN, RESIDING AT M.G.P NO. X/148, GRAHAMSLAND ROAD, MUNNAR,
          KDH VILLAGE, IDUKKI DISTRICT , PIN - 685612

   RESPONDENTS/RESPONDENTS AND APPLICANT NO.2 IN E.A/DECREE HOLDER JUDGMENT
   DEBTORS AND CLAIM PETITIONER NO.2 IN E.P:

      1. M/S. TATA TEA LIMITED RECONSTITUTED AS TATA GLOBAL BEVERAGES
         LIMITED, REGISTERED OFFICE, CALCUTTA, HAVING ITS REGIONAL OFFICE AT
         MUNNAR, KDH VILLAGE, IDUKKI DISTRICT, PIN - 685612
      2. THE SECRETARY, MUNNAR GRAMA PANCHAYATH, MUNNAR, KDH VILLAGE, IDUKKI
         DISTRICT, PIN - 685612
      3. JANCY, W/O DR. BALAKRISHNAN, RESIDING AT M.G.P NO. X/148,
         GRAHAMSLAND ROAD, MUNNAR, KDH VILLAGE, IDUKKI DISTRICT, PIN - 685612
      4. THE DISTRICT COLLECTOR PAINAVU, IDUKKI DISTRICT, PIN - 685603
      5. STATE OF KERALA REPRESENTED BY ITS CHIEF SECRETARY, SECRETARIAT,
         THIRUVANANTHAPURAM, PIN - 695001
      6. VIGNESH B., AGED 32 YEARS, S/O DR. BALAKRISHNAN, RESIDING AT M.G.P
         NO. X/148, GRAHAMSLAND ROAD, MUNNAR, KDH VILLAGE, IDUKKI DISTRICT ,
         PIN - 685612

        Op (civil) praying inter alia that in the circumstances stated in
   the affidavit filed along with the OP(C) the High Court be pleased to pass
   an order of stay of all further proceedings in EP No.21 of 2009 on the
   files of the Munsiff's Court, Devikulam, pending disposal of the above
   Original Petition (Civil).
        This petition coming on for admission upon perusing the petition and
   the affidavit filed in support of OP(C) and upon hearing the arguments of
   SRI.P.B.KRISHNAN, SENIOR ADVOCATE ALONG WITH M/S. MANU VYASAN PETER,
   P.B.SUBRAMANYAN, SABU GEORGE, B.ANUSREE, MEERA P., AISWARYA MOHAN, &
   CHITRA JOHNSON, Advocates for the petitioner and of SRI.ABRAHAM JOSEPH,
   Advocate for R1 and STANDING COUNSEL FOR R2 and of GOVERNMENT PLEADER for
   R4 & R5, the court passed the following:
                                      ORDER

Learned counsel for the petitioner submits that the claim petition is posted tomorrow (18.10.2024) for evidence. Learned counsel for the petitioner further submits that without a survey commission in this regard, which has been declined by Ext.P9 order, if further proceedings in the claim petition is initiated it will cause serious prejudice to the petitioner.

Therefore, there will be an interim order as prayed for, for a period of one month.

Post on 08.11.2024.

Sd/- VIJU ABRAHAM JUDGE

17-10-2024 /True Copy/ Assistant Registrar

APPENDIX OF OP(C) 2149/2024 Exhibit P9 TRUE COPY OF THE ORDER DATED 20.07.2024 IN E.A NO. 107 OF 2015 IN E.A NO. 80 OF 2014 IN E.P NO. 21 OF 2009 ON THE FILE OF THE MUNSIFF'S COURT, DEVIKULAM