High Court of KeralaOP(C)/579/2015disposed of

Milton J. Thalakottoor v. C.A.Vincent

2015-03-04Honourable Mr.Justice P.Bhavadasan3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.BHAVADASAN WEDNESDAY, THE 4TH DAY OF MARCH 2015/13TH PHALGUNA, 1936 OP(C).No. 579 of 2015 (O) ------------------------------ (OS 355/2009 of SUB COURT, ERNAKULAM) PETITIONER:

-------------- MILTON J. THALAKOTTOOR, AGED 49 YEARS S/O.T.L.JOSEPH, PROPRIETOR, TRIGLOBE AGENCIES X/46/12, EAST END PLAZA BUILDING, RICE BAZAR THRISSUR - 680 001.

BY ADV. SRI.DILIP J. AKKARA RESPONDENTS:

-----------------

1. C.A.VINCENT, AGED 52, S/O.ANTONY, CHITTILAPPILLY HOUSE, KATTOOR P.O IRINJALAKUDA, THRISSUR - 680 121.

2. ALL KERALA CHEMISTS & DRUGGISTS ASSOCIATION, REGD. OFFICE, CHEMISTS BHAVAN, CHAVARA CENTRE ROAD KOCHI - 682 016, REPRESENTED BY ITS GENERAL SECRETARY. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 04-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

OP(C).No. 579 of 2015 (O) ------------------------------ APPENDIX PETITIONER'S EXHIBITS :

---------------------------- EXHIBIT P1. COPY OF THE PETITIONERS DRUG LICENSE FORM NO.20B NO.KL.TSR-8/269 & 21B NO.KL.TSR.8/270 DATED 13.12.13 ISSUED BY THE ASSISTANT DRUGS CONTROLLER, THRISSUR. EXHIBIT P2. COPY OF PETITIONER'S MEMBERSHIP CERTIFICATE DATED 29.8.11 ISSUED BY THE PRESIDENT AND COUNCIL OF AKCDA. EXHIBIT P3. COPY OF THE OS 355/09 DATED 3.9.08 OF SUB COURT, ERNAKULAM.

EXHIBIT P4. COPY OF THE IA 631/15 DATED 6.2.15 IN OS 355/09. RESPONDENTS' EXHIBITS: NIL.

------------------------------ // True Copy // P.A. To Judge.

smp

P.BHAVADASAN, J.

------------------------------------------------- Original Petition (Civil) No.579 OF 2015 ------------------------------------------------- Dated this the 4th day of March, 2015.

J U D G M E N T

The only grievance of the petitioner is that his impleading petition namely, Ext.P4 is still pending before Sub Court, Ernakulam and the suit is likely to be disposed of before that petition is considered and disposed of on merits. He therefore seeks a direction to the court below to take up Ext.P4 application and dispose it of on merits as expeditiously as possible.

2. In the nature of the order that is proposed to be passed, it is felt that notice to the respondents is unnecessary. This original petition is disposed of directing the Sub Court, Ernakulam to take up I.A.No.631/2015 in O.S.No.355/2009 and dispose of it on merits in accordance with law, after hearing respective parties, as expeditiously as possible, at any rate, within a period of one month from the date of receipt of a copy of this judgment.

Sd/- P.BHAVADASAN JUDGE smp