The Adoor Co-Operative Urban Bank Limited v. M/S.Vinayaka Timbers & Wood Crafts

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.N.RAVINDRAN & THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR TUESDAY, THE 2ND DAY OF DECEMBER 2014/11TH AGRAHAYANA, 1936 RFA.No. 428 of 2014 () ----------------------- JUDGMENT IN OS 81/2002 of SUB COURT, PATHANAMTHITTA DATED 28-02-2014 APPELLANTS:

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1. THE ADOOR CO-OPERATIVE URBAN BANK LIMITED NO.1804, ADOOR VILLAGE, PATHANAMTHITTA DISTRICT REPRESENTED BY ITS SECRETARY.

2. P.CHANDRASEKHARA KURUP CHAIRMAN THE ADOOR CO-OPERATIVE URBAN BANK LIMITED NO.1804 ADOOR VILLAGE, PATHANAMTHITTA DISTRICT.

BY ADVS.SRI.T.M.RAMAN KARTHA SRI.JOSEPH RONY JOSE SMT.O.A.NURIYA SRI.P.E.ISHAQ RESPONDENTS:

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1. M/S.VINAYAKA TIMBERS & WOOD CRAFTS ANANDAPPALLY P.O, ADOOR, PIN 691 525 REPRESENTED BY ITS MANAGING PARTNER, N.H.SHARMA.

2. ASHOK SHARMA S/O.N.HARIHARAPUTHRA SHARMA, PRASANTH, ANANDAPPALLY ADOOR 691 525.

3. VRINDA SHARMA K.R W/O.N.HARIHARAPUTHRA SHARMA, PRASANTH, ANANDAPPALLY ADOOR 691 525.

4. PRAKASH SHARMA S/O.N.HARIHARAPUTHRA SHARMA, PRASANTH, ANANDAPPALLY ADOOR 691 525.

THIS REGULAR FIRST APPEAL HAVING BEEN FINALLY HEARD ON 0212-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: smv

P.N. RAVINDRAN & P.B.SURESH KUMAR, JJ.

----------------------------------------------- R.F.A. No.428 of 2014 ----------------------------------------------- Dated this the 2nd day of December, 2014

ORDER

P.N. Ravindran,J.

Though this appeal was admitted and notice ordered to the respondents on 24.06.2014, the appellants have not till date paid the balance court fee payable on the memorandum of appeal. They have also not applied for enlargement of time. The appeal is accordingly rejected for non-payment of balance court fee. Needless to say, in view of the decision of the Division Bench of this Court in Jamal v. Mohammedkutty [2003(3)KLT 903], the appellants will be entitled to refund of the court fee paid by them on the memorandum of appeal. Sd/- P.N. RAVINDRAN, JUDGE Sd/- P.B.SURESH KUMAR, JUDGE //true copy// P.A. To Judge smv