Kerala High Court
Jyothi Ram @ Raju vs Bharat Yadav on 5 March, 2020
Author: Anu Sivaraman
Bench: Anu Sivaraman
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
THURSDAY, THE 05TH DAY OF MARCH 2020 / 15TH PHALGUNA, 1941
WP(C).No.23862 OF 2018(G)
PETITIONERS:
1 JYOTHI RAM @ RAJU
S/O.RAMCHAND,
RAHUL NIVAS,
MULLACKAL,
ALAPPUZHA.
2 DHANAJ JADHAV
DJ JEWELLERY,
PALACE ROAD,KOTTAYAM.
BY ADV. SRI.M.P.MADHAVANKUTTY
RESPONDENTS:
1 BHARAT YADAV
LEXMI NIVAS,
MULLACKAL,
OPPOSITE PRABHATH BOOKS,
ALAPPUZHA.
2 CHAIRMAN
SECURITIES AND EXCHANGE BOARD OF INDIA,
HEAD OFFICE MUMBAI,
PLOT NO.C4-A, 'G' BLOCK,
SEBI BHAVAN, BANDRA KURLA COMPLEX,
BANDRA EAST, MUMBAI - 400 051.
3 PACL INDIA LIMITED
22, 3RD FLOOR,
AMBER TOWER,SAMSAR CHAND ROAD,
JAIPUR,RAJASTHAN, PIN - 302 004,
REPRESENTED BY ITS MANAGING DIRECTOR.
BY ADVS.
R1-2 BY ADV. SRI.K.M.JAMALUDHEEN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
05.03.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.23862 OF 2018(G)
2
JUDGMENT
Heard the learned counsel for the petitioner and learned counsel appearing for the 2nd respondent. It is submitted that the issue stands covered by an interim order of the Apex Court in I.A.No.5 of 2016 in Civil Appeal No.13301 of 2015. The 1st prayer in the I.A. was as follows:-
"(a) pass an order directing that no Civil Court or other Authority or Forum shall entertain any suit or other proceeding in respect of any claim or related matter(s) pertaining to PACL Ltd. and/or its Directors Promoters/Group Companies /entities /individuals etc., arraying therein as parties/ Defendants /Respondents the Justice (Retd.) R. M. Lodha Committee (in the matter of PACL Ltd.), and/or its Chairman and/or its Members and/or the Securities and Exchange Board of India and further no injunction shall be granted by any Court or other Authority or Forum in respect of any action taken or to be taken by the Justice (Retd.) R.M. Lodha Committee (in the matter of PACL Ltd.) and/or its Chairman and/or its Members and/or the Securities and Exchange Board of India, with respect to claims and/or matter(s) relating to Investments /deposits etc. in /with PACL Ltd. or its Directors /Promoters / Group Companies /Entities /Individuals etc.;"
2. The Apex Court has granted the interim relief in prayer WP(C).No.23862 OF 2018(G) 3 No.a of Ext.P4. It is submitted by the learned counsel for the petitioner as well as the learned counsel appearing for the 2 nd respondent that the matter is still pending before the Apex Court.
In the above view of the matter, interim order of the Apex Court shall be complied with by the Consumer Dispute Redressal Forum. The proceedings in E.A.No.53 of 2017 in C.C.No.333 of 2015 before the District Consumer Disputes Redressal Forum, Alappuzha shall be kept in abeyance pending the proceedings before the apex Court in Civil Appeal No.13319 of 2015. The Writ Petition is disposed of accordingly.
Sd/-
ANU SIVARAMAN JUDGE SCS WP(C).No.23862 OF 2018(G) 4 APPENDIX PETITIONERS' EXHIBITS:
EXHIBIT P1. TRUE COPY OF THE EXECUTION PETITION IN C.C.3333/2015 ON THE FILE OF CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA DATED 23.05.2017.
EXHIBIT P2. TRUE COPY OF THE SHOW CAUSE NOTICE ISSUED BY THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA TO PETITIONERS DATED 30.06.2017.
EXHIBIT P3. TRUE COPY OF THE INTERIM ORDER PASSED BY THE HON'BLE SUPREME COURT OF INDIA ON 02.02.2016 IN C.A.NO.13319/2015 AND CONNECTED CASES.
EXHIBIT P4. TRUE COPY OF THE COUNTER AFFIDAVIT DATED 12.10.2017.
EXHIBIT P5. TRUE COPY OF THE JUDGMENT DATED 08.01.2018.
//TRUE COPY// PA TO JUDGE