Kerala High Court
P.A. Asiq @ Aashiq Abu vs Dream Mill Cinema And Enterprises Pvt. ... on 9 September, 2025
O.P.(C) No. 1695 of 2025
1
2025:KER:67075
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE K. NATARAJAN
TUESDAY, THE 9TH DAY OF SEPTEMBER 2025 / 18TH BHADRA, 1947
OP(C) NO. 1695 OF 2025
AGAINST THE IA NO.1/2025 IN CS NO.2 OF 2025 OF
ASSISTANT SESSIONS COURT/ADDITIONAL SUB COURT,KOTTAYAM
PETITIONER/COUNTER PETITIONER/DEFENDANT:
P.A. ASIQ @ AASHIQ ABU
AGED 46 YEARS,
S/O. C.M. ABU, SOLE PROPRIETOR, OPM CINEMAS,
HAVING ADDRESS AT 5/241, PUNNAKAPARAMBIL HOUSE,
ADARSH LANE, PIPE LINE JUNCTION, THRIKKAKARA P.O,
THRIKKAKARA NORTH PART, VADACODE,
ERNAKULAM DISTRICT,, PIN - 682 021.
BY ADVS.
SRI.K.R.ARUN KRISHNAN
SMT.DEEPA K.RADHAKRISHNAN
SHRI.SANAL C.S
SHRI.VISHAK K.V.
SHRI.ANU T.H.
RESPONDENTS/PETITIONERS/PLAINTIFFS:
1 DREAM MILL CINEMA AND ENTERPRISES PVT. LTD
A PRIVATE LIMITED COMPANY HAVING ITS REGISTERED
OFFICE AT PANDAVATHU BUILDING, PATTITHANAM KARA,
ETTUMANNOOR VILLAGE AND ETTUMANOOR P.O,
KOTTAYAM TALUK, KOTTAYAM DISTRICT
REPRESENTED BY ITS MANAGING DIRECTOR
SANTHOSH.T. KURUVILLA, AGED 53 YEARS,
S/O. KURUVILLA VARKEY,
RESIDING AT THANAVELIL HOUSE,
PAZHAYA SEMINARI ROAD, KOTTAYAM KARA AND
KOTTAYAM P.O, KOTTAYAM DISTRICT, PIN - 686 001.
O.P.(C) No. 1695 of 2025
2
2025:KER:67075
2 SANTHOSH.T. KURUVILLA
AGED 53 YEARS
S/O. KURUVILLA VARKEY, RESIDING AT THANAVELIL
HOUSE, PAZHAYA SEMINARI ROAD, KOTTAYAM KARA AND
KOTTAYAM P.O, KOTTAYAM DISTRICT, PIN - 686 001.
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
09.09.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
O.P.(C) No. 1695 of 2025
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2025:KER:67075
JUDGMENT
(Dated this the 9th day of September, 2025) This petition is filed for issuing direction to the Commercial Court (Additional Sub Court), Kottyam to hear Ext.P3 IA No.1/2025 in CS No.2/2025 along with Ext.P5 counter affidavit and pass the order.
2. Heard the learned counsel for the petitioner.
3. A report also received from the Sub Court. The Additional Sub Court, Kottayam sought time to dispose of the main matter itself.
4. However, it is brought to the notice of this Court by the learned counsel for the petitioner that in OP(C)No.1683/2025 this Court already passed a Judgment directing the Commercial Court, Kottayam by Judgment dated 25.08.2025 to hear and dispose of the IA No.2/2025 in CS No.2/2025 filed by the petitioner under Order 7 Rule 11 of Code of Civil Procedure, 1908 (for O.P.(C) No. 1695 of 2025 4 2025:KER:67075 rejection of the plaint) within a period of one month time. Though, a separate order already passed by this Court by issuing direction to dispose of the Order 7 Rule 11 application, once again the petitioner filed this petition for hearing the counter which is nothing but an application for rejection of plaint to be heard along with the attachment order.
5. Therefore, I am of the view that once this Court already passed an order directing the Commercial Court, Kottayam to hear and dispose of the application under Order 7 Rule 11 application within a time bound manner, the question of issuing one more order to hear the said application along with the attachment application does not arise. Therefore, once this Court already passed the judgment in the earlier petition, OP (C)No.1683/2025 it is need not necessary to issue one more direction to the Sub O.P.(C) No. 1695 of 2025 5 2025:KER:67075 Court to hear the said counter i.e., in Order 7 Rule 11 application.
6. Accordingly, I do not find any merits in this petition. Hence, the original petition is dismissed.
Sd/-
K. NATARAJAN JUDGE S.M.K. O.P.(C) No. 1695 of 2025 6 2025:KER:67075 APPENDIX OF OP(C) 1695/2025 PETITIONER EXHIBITS Exhibit P1. A TRUE COPY OF C.S NO 2/2025 DATED 03/01/2025 PENDING ON THE FILES OF COMMERCIAL COURT, KOTTAYAM (ADDITIONAL SUB COURT, KOTTAYAM) Exhibit P2. A TRUE COPY OF WRITTEN STATEMENT FILED BY THE PETITIONER IN C.S. 2/2025 DATED 14/03/2025 ON THE FILES OF COMMERCIAL COURT, KOTTAYAM (ADDITIONAL SUB COURT, KOTTAYAM) Exhibit P3. A TRUE COPY OF I.A. 1/2025 IN C.S. 2/2025 DATED 03/01/2025 ON THE FILES OF COMMERCIAL COURT, KOTTAYAM (ADDITIONAL SUB COURT, KOTTAYAM) Exhibit P4. A TRUE COPY OF COMMUNICATION DATED 25/01/2025 FROM THE OFFICE OF THE COMMERCIAL COURT (ADDITIONAL SUB COURT) KOTTAYAM Exhibit P5. A TRUE COPY OF COUNTER AFFIDAVIT FILED BY THE PETITIONER/DEFENDANT IN I.A. 1/2025 IN C.S. 2/2025 DATED 11/02/2025 ON THE FILES OF COMMERCIAL COURT, KOTTAYAM (ADDITIONAL SUB COURT, KOTTAYAM) Exhibit P6. A TRUE COPY OF I.A 2/2025 IN C.S. 2/2025 DATED 12`/02/2025 ON THE FILES OF COMMERCIAL COURT, KOTTAYAM (ADDITIONAL SUB COURT, KOTTAYAM) Exhibit P7. A TRUE COPY OF E-COURT PROCEEDINGS DATED 24/06/2025 IN C.S NO. 2/2025 Exhibit P8. A TRUE COPY OF E-COURT PROCEEDINGS DATED 08/07/2025 IN C.S NO. 2/2025