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P.B.Sivadas vs Johnson

P.B.Sivadas vs Johnson

Type Court Judgment Court Kerala Decided Jan 24, 2022
~3 min read
https://sooperkanoon.com/case/1481440

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Citation
Court
Kerala High Court
Judge
Decided On
Case Number
OP(C)/1088/2021

Parties & Advocates

Appellant / Petitioner

P.B.Sivadas

Respondent

Johnson

Excerpt

.....argued that theagreement in question is clearly covered by section 2(1)(vii) of the said act and, therefore, commercial court alone has o.p(c).no.1088 of 2021 4 jurisdiction to decide the suit.4. repelling this argument, the learned counsel for therespondents submitted that the subject matter of the suit cannot be held as a commercial dispute and, therefore, the suit is well maintainable before the sub court, punalur.5. in fact, this is an issue to be decided by the trial courtafter hearing both sides by adverting to the relevant provisions of law. therefore, i direct the learned sub judge, punalur, to consider the maintainabiity of o.s.no.11/2021, as canvassed by the petitioners, within a period of two months from the date of receipt of a copy of this judgment or its production by the concerned parties. accordingly, the original peition is allowed. sd/- (a. badharudeen, judge) rtr/ o.p(c).no.1088 of 2021 5 appendix of op(c) 1088/2021 petitioners' exhibits exhibit p1 true copy of the plaint relating to the suit filed as o.s.no.11/2021, before the hon'ble sub-court punalur by the respondents 1 to 3. exhibit p2 true copy of the summons issued by the hon'ble soub-court,punalur against the 1st petitioner to appear before that court on 06.04.2021. exhibit p3 true copy of the case details relating to o.s.11/2021 pending before the hon'ble sub-court punalur as on 30.4.2021. exhibit p4 true copy of the extraordinary gazettedated 01.01.2016 issued by the government of india ministry of law and justice (legislative department, new delhi. exhibit p5 true copy of the counter affidavit filed by the petitioners before the court below in i.a.no.1/2021 in o.s.no.11/2021. exhibit p6 true copy of the interim order passed by this hon'ble court in o.p. (c)no.902/2021.

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR. JUSTICE A. BADHARUDEEN MONDAY, THE 24TH DAY OF JANUARY 2022 / 4TH MAGHA, 1943 OP(C) NO. 1088 OF 2021 AGAINST THE ORDER/JUDGMENT IN OS 11/2021 OF SUB COURT AT PUNALUR, KOLLAM. PETITIONER/S: 1 P.B.SIVADAS AGED 63 YEARS S/O BALABHADRAN,PANIKKASSERIL VEEDU,BEACH WARD, ALAPPUZHA MURI,ALAPPUZHA WEST VILLAGE,ALAPPUZHA TALUK, ALAPPUZHA DISTRICT,PIN-688012. 2 MOHANAKUMARI, AGED 58 YEARS W/O.P.B.SIVADAS,PANIKKASSERIL VEEDU,BEACH WARD, ALAPPUZHA MURI,ALAPPUZHA WEST VILLAGE, ALAPPUZHA TALUK,ALAPPUZHA DISTRICT,PIN-688012. BY ADVS. G.HARIHARAN PRAVEEN.H. RESPONDENT/S: 1 JOHNSON S/O KUNJUKUNJU,RESIDING AT KODIYATUVEEDU,AYOOR MURI, EDAMULAIKKAL VILLAGE,PUNALUR TALUK,KOLLAM 2 DANIEL YOHANNAN, AGED 58 YEARS S/O.DANIEL,PUTHEN PARAMBU VEEDU,AYOOR MURI, EDAMULAKKAL VILLAGE,PUNALUR TALUK,KOLLAM O.P(C).No.1088 of 2021 2 3 JOHNSON BABY, AGED 52 YEARS S/O.BABY,RESIDING AT KODIYATTU PUTHEN VEEDU,AYOOR MURI, EDAMULAIKKAL VILLAGE,PUNALUR TALUK,KOLLAM

BY ADVS. VISHNU BHUVANENDRAN B.ANUSREE RESHMA UNNIKRISHNAN THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 24.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P(C).No.1088 of 2021 3

A. BADHARUDEEN, J.

================================ O.P(C).No.1088 of 2021 ================================ Dated this the 24th day of January, 2022

JUDGMENT

The short prayer that has been canvassed in this Original Petition filed under Article 227 of the Constitution of India is a direction to Sub Court, Punalur, to consider the maintainability of O.S.No.11/2021, pending before that court on the ground that the subject matter involved in the said Suit is a commercial dispute covered by the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015.

2. Heard the learned counsel for the petitioners as well as the respondents.

3. The learned counsel for the petitioners argued that the

agreement in question is clearly covered by Section 2(1)(vii) of the said Act and, therefore, commercial court alone has O.P(C).No.1088 of 2021 4 jurisdiction to decide the Suit.

4. Repelling this argument, the learned counsel for the

respondents submitted that the subject matter of the Suit cannot be held as a commercial dispute and, therefore, the Suit is well maintainable before the Sub Court, Punalur.

5. In fact, this is an issue to be decided by the trial court

after hearing both sides by adverting to the relevant provisions of law. Therefore, I direct the learned Sub Judge, Punalur, to consider the maintainabiity of O.S.No.11/2021, as canvassed by the petitioners, within a period of two months from the date of receipt of a copy of this judgment or its production by the concerned parties. Accordingly, the Original Peition is allowed. Sd/- (A. BADHARUDEEN, JUDGE) rtr/ O.P(C).No.1088 of 2021 5 APPENDIX OF OP(C) 1088/2021 PETITIONERS' EXHIBITS Exhibit P1 TRUE COPY OF THE PLAINT RELATING TO THE SUIT FILED AS O.S.NO.11/2021, BEFORE THE HON'BLE SUB-COURT PUNALUR BY THE RESPONDENTS 1 TO 3. Exhibit P2 TRUE COPY OF THE SUMMONS ISSUED BY THE HON'BLE SOUB-COURT,PUNALUR AGAINST THE 1ST PETITIONER TO APPEAR BEFORE THAT COURT ON 06.04.2021. Exhibit P3 TRUE COPY OF THE CASE DETAILS RELATING TO O.S.11/2021 PENDING BEFORE THE HON'BLE SUB-COURT PUNALUR AS ON 30.4.2021. Exhibit P4 TRUE COPY OF THE EXTRAORDINARY GAZETTE

DATED 01.01.2016 ISSUED BY THE GOVERNMENT OF INDIA MINISTRY OF LAW AND JUSTICE (LEGISLATIVE DEPARTMENT, NEW DELHI. Exhibit P5 TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE PETITIONERS BEFORE THE COURT BELOW IN I.A.NO.1/2021 IN O.S.NO.11/2021. Exhibit P6 TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE COURT IN O.P. (C)NO.902/2021.

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