Kerala High Court
Antony Tharian vs All Kerala Chemists & Druggists Assn on 16 March, 2010
Author: P.Bhavadasan
Bench: P.Bhavadasan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 8744 of 2010(O)
1. ANTONY THARIAN, AGED 48,
... Petitioner
Vs
1. ALL KERALA CHEMISTS & DRUGGISTS ASSN,
... Respondent
2. M.P.ABDUL GAFFOOR,
3. K.P.PAUL, AGED 60, S/O.PAILY, PAULSON
4. ANTONY K.V., AGED 55, FEMI MEDICALS,
5. BABU SITHARA, AGED 45, SITHRA MEDICALS,
6. K.SIVADASAN, AGED 55,
7. C.P.KUNJUMOIDEEN, AGED ABOUT 50,
8. MATHEW VARGHESE, AGED 48,
9. ALL KERALA CHEMISTS & DRUGGISTS
For Petitioner :SRI.K.R.VINOD
For Respondent : No Appearance
The Hon'ble MR. Justice P.BHAVADASAN
Dated :16/03/2010
O R D E R
P.BHAVADASAN, J.
------------------------------------- WP(C) No.8744 of 2010-O
------------------------------------- Dated 16th March 2010 Judgment This is a petition filed under Article 227 of the Constitution of India, seeking the following reliefs :
"(i). issue appropriate directions to the District Court, Ernakulam where Ext.P22(Top No.190/10) is pending to clarify that the stay order passed will not affect consideration of Ext.P19 and P24 injunction petitions filed before the IInd Additional Munsiff Court's, Ernakulam which has granted an ex parte order of injunction as reflected as Ext.P20 or in the alternative to declare that the stay order passed in TOP No.190/10 is also having the effect of staying the operation of Ext.P20 interim order if necessary by issuance of a writ of certiorari or mandamus.
(ii) issue appropriate direction to the 2nd addl.
Munsiff's Court, Ernakulam wherein OS No.142/10 is pending to forthwith take up Ext.P19 (IA No.996/10) and Ext.P24 injunction petition and dispose of the same at WPC 8744/10 2 the earliest in view of the interim order Ext.P20 after hearing the petitioner and all parties concerned.
(iii) allow the petitioner to recover the full costs incurred for the institution and conduct of the writ petition from the signatory to Ext.P1 plaint and the petitioner in Ext.P22 T.O.P."
The petitioner is the first defendant in OS No.142/10 on the file of the Second Additional Munsiff's Court, Ernakulam. Ext.P1 is the copy of the plaint. The signatory to Ext.P1 claims right to file the suit on the basis of an election allegedly conducted on 26.08.2009 at Kottayam. According to the petitioner, the claim made by him is incorrect. Various other contentions are also raised in the Writ Petition, which are not relevant in the present context.
2. Along with the suit, it appears, the plaintiff had filed IA No.996/10, seeking temporary injunction. Copy of the said IA is produced as Ext.P19, on which Ext.P20 order was passed. The defendants entered appearance in the suit and filed counter affidavit and produced documents WPC 8744/10 3 to substantiate their claims. Thereafter, the petitioner along with the other defendants, filed Ext.P24 IA, pointing out that under the guise of the order in the IA in their favour, the plaintiffs is seeking to withdraw huge amounts from the Bank. In the meanwhile, one of the parties who got impleaded in the suit, filed T.O.P. No.190/10 before the District Court, Ernakulam seeking to have the suit transferred from Munsiff's Court, Ernakulam to First Additional Sub Court, Ernakulam. Ext.P22 is the copy of the said Petition. In the Transfer OP, the District Court granted stay of all further proceedings in the matter. The petitioner points out that in view of the stay order granted by the District Court, the Munsiff's Court, Ernakulam may not advance the case for hearing of the interlocutory applications. In the above circumstances, the petitioner approached this Court, praying for the reliefs quoted above.
3. The prayers of the petitioner are only just and proper. In the facts and circumstances of the case, it is felt WPC 8744/10 4 that there should be a final decision on the T.O.P. Therefore, there will be a direction to the District Court, Ernakulam to dispose of Ext.P22 T.O.P. in accordance with law as early as possible, at any rate, within three weeks from the date of receipt of a copy of this Judgment. Till such time, the plaintiff shall not withdraw any amount from the account of the Association, without the sanction of the Trial Court.
The Writ Petition is disposed of as above.
P.BHAVADASAN, JUDGE
sta
WPC 8744/10 5