Citation : 2026 Latest Caselaw 2194 Ker
Judgement Date : 27 February, 2026
2026:KER:18032
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OP(C) NO. 1246 OF 2014
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR
FRIDAY, THE 27TH DAY OF FEBRUARY 2026 / 8TH PHALGUNA, 1947
OP(C) NO. 1246 OF 2014
AGAINST THE ORDER DATED 25.05.2013 IN IA.NO.197/2012 BEFORE
THE FRIST ADDITIONAL DISTRICT COURT, ERNAKULAM
PETITIONERS:
1 STATE OF KERALA
REPRESENTED BY ITS CHIEF SECRETARY, SECRETARIAT,
THIRUVANANTHAPURAM
2 PRINCIPAL SECRETARY TO GOVERNMENT
FOREST & WILDLIFE DEPARTMENT, GOVERNMENT OF KERALA,
THIRUVANANTHAPURAM
3 THE CHIEF CONSERVATOR OF FORESTS PROTECTION
FOREST HEAD QUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM
4 THE DIVISIONAL FOREST OFFICER
DIVISIONAL FOREST OFFICE, KADANADU, MALAYATTOOR
BY SPL.GOVERNMENT PLEADER:T.P.SAJAN
BY GOVERNMENT PLEADER: SRI.M.RAJEEV
RESPONDENT:
HINDUSTAN NEWSPRINT LTD.
NEWS PRINT NAGAR, VELLOOR, KOTTAYAM - 686 616.
BY ADVS.
SHRI.BENNY P. THOMAS (SR.)
SHRI.M.GOPIKRISHNAN NAMBIAR
SHRI.K.JOHN MATHAI
2026:KER:18032
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OP(C) NO. 1246 OF 2014
SRI.JOSON MANAVALAN
SRI.KURYAN THOMAS
OTHER PRESENT:
SRI. T.P. SAJAN , SPL. GP.
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 27.02.2026,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2026:KER:18032
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OP(C) NO. 1246 OF 2014
P.Krishna Kumar, J.
==============================
O.P.(C).No.1246 of 2014
=======================================
Dated this the 27th day of February, 2026
JUDGMENT
This Original Petition is filed by the petitioner
in OP.(Arb).No.2134/08 on the file of the District
Court, Ernakulam.
2. The petitioner has filed I.A.No.197/2012 in
I.A.No.1306/2011 for restoring an application for
amendment. By Ext.P4 order, the learned District Judge
dismissed the application, after noticing that both
sides were not ready to argue the matter.
3. Heard both sides.
4. Considering the limited scope of the
application pending before the District Court and the
seriousness of the challenges raised in the Original
Petition therein, it is only just and proper to set
aside Ext.P4 order and to permit the petitioner to
contest the matter on merits.
2026:KER:18032
OP(C) NO. 1246 OF 2014
In the result, the Original Petition is allowed
and Ext.P4 order is set aside. The District Court is
directed to consider the matter on merits.
Sd/-
P.Krishna Kumar, Judge rsr 2026:KER:18032
OP(C) NO. 1246 OF 2014
APPENDIX OF OP(C) NO. 1246 OF 2014
PETITIONER EXHIBITS
EXHIBIT P1 : TRUE COPY OF ORDER IA NO.1306/11 DATED 21.11.11 IN OP(ARB) NO.2134/08 BEFORE THE FIRST ADDITIONAL DISTRICT COURT, ERNAKULAM EXHIBIT P2 : TRUE COPY OF ORDER IA NO.1306/11 DATED 21.11.11 IN OP(ARB) NO.2134/08 BEFORE THE FIRST ADDITIONAL DISTRICT COURT, ERNAKULAM EXHIBIT P3 : TRUE COPY OF ORDER IA NO.196/12 DATED 25.05.2013 IN OP(ARB) NO.2134/08 BEFORE THE FIRST ADDITIONAL DISTRICT COURT, ERNAKULAM EXHIBIT P4 : TRUE COPY OF ORDER IA NO.197/12 DATED 25.05.2013 IN OP(ARB) NO.2134/08 BEFORE THE FIRST ADDITIONAL DISTRICT COURT, ERNAKULAM EXHIBIT P5 : TRUE COPY OF ORDER IA NO.198/12 DATED 25.05.2013 IN OP(ARB) NO.2134/08 BEFORE THE FIRST ADDITIONAL DISTRICT COURT, ERNAKULAM EXHIBIT P6 : AWARD DATED 10.09.2008 OF THE ARBITRAL TRIBUNAL, ERNAKULAM
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