T.J.Sebastian v. Kerala Vyapari Vyavasayi Ekopana Samithi, Elamakkara Unit
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.BHAVADASAN TUESDAY, THE 20TH DAY OF JANUARY 2015/30TH POUSHA, 1936 OP(C).No. 3076 of 2014 (O) -------------------------------------- I.A.NO.3984/2014 IN O.S.NO.1033/2012 OF THE SUB COURT, ERNAKULAM ---------------- PETITIONER(S) :
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1. T.J.SEBASTIAN, AGED 50 YEARS, S/O.JOSEPH, LODANKANDATHU HOUSE, KALOOR, KOCHI-17.
2. V.A.SUDHAKARAN, AGED 50 YEARS, S/O.APPU, MANTHA STORES, PERANDOOR ROAD, VAYANASALA JUNCTION, ELAMAKKARA, KOCHI-26 BY SRI.V.V.SIDHARTHAN (SENIOR ADVOCATE) ADVS. SRI.D.G.VIPIN SRI.KAROL MATHEWS SEBASTIAN ALENCHERRY RESPONDENT(S) :
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1. KERALA VYAPARI VYAVASAYI EKOPANA SAMITHI, ELAMAKKARA UNIT, REPRESENTED BY MR. KUNJUMON P.J, S/O.P.V.JOSEPH, AGED 50 YEARS,THE SECRETARY, KERALA VYAPARI VYAVASAYI EKOPANA SAMITHI, ELAMAKKARA UNIT, VYAPARA BHAVAN, KOCHI-17.
2. SHAJI SURENDRAN, AGED ABOUT 45 YEARS, S/O.SURENDRAN, VEEPEE'S VIDEO LENDING LIBRARY, MAMANGALAM, POTTAKUZHY ROAD, KALOOR, KOCHI-17.
3. PEOPLE URBAN CO-OPERATIVE BANK, PUNNAKKAL BRANCH, ELAMAKKARA, REPRESENTED BY ITS MANAGER.
R1 BY ADVS. SRI.K.R.VINOD MS.JENCY SUSAN JOSE SRI.V.SRI NATH R3 BY ADV. SRI.T.A.RAJAN THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 20-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Msd.
OP(C).No. 3076 of 2014 (O) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1:
A TRUE COPY OF THE PLAINT IN O.S.NO.1033/2012 OF THE SUB COURT, ERNAKULAM.
EXHIBIT P2:
A TRUE COPY OF THE CERTIFIED COPY OF THE WRITTEN STATEMENT IN O.S.NO. 1033/2012.
EXHIBIT P3:
A TRUE COPY OF THE CERTIFIED COPY OF I.A.NO.3985/2014 IN O.S.NO.1033/2012.
EXHIBIT P4:
A TRUE COPY OF THE CERTIFIED COPY OF I.A.NO.3984/2014 IN O.S.NO.1033/2012.
EXHIBIT P5:
A TRUE COPY THE CERTIFIED COPY OF ORDER DATED 28.10.2014 IN I.A.NO.3985/2014 IN O.S.NO.1033/2012.
EXHIBIT P6:
A TRUE COPY OF THE CERTIFIED COPY OF ORDER DATED 28.10.2014 I.A.NO.3984/2014 IN O.S.NO.1033/2012.
RESPONDENT(S)' EXHIBITS ----------------------------------------- NIL //TRUE COPY// P.A.TO JUDGE.
Msd.
P.BHAVADASAN, J.
- - - - - - - - - - - - - - - - - - - - - - - - O.P.(C) No. 3076 of 2014 - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 20th day of January, 2015
J U D G M E N T
Under challenge is Ext.P6 order whereby the court below dismissed an application to receive the written statement on file, only for the sole reason that it is filed after the statutory period was over.
2.
Even though technically, the court may be correct in its approach, one has to remember that justice suffers by sticking on to such technicalities and parties have to suffer. There were no justification for not receiving the written statement though filed out of time and there was a petition seeking to excuse the delay.
3.
In order to avoid further complication, it is felt that the impugned order is only to be set aside and the court below is to be directed to be received the written statement on file.
O.P.(C) No. 3076 of 2014 -2In the result, this petition petition is allowed and the impugned order is set aside and the court below is directed to be taken the written statement on file.
Sd/- P.BHAVADASAN JUDGE ds //True copy// P.A. to Judge