Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN & THE HONOURABLE MR. JUSTICE G. GIRISH
FRIDAY, THE 12TH DAY OF JANUARY 2024 / 22ND POUSHA, 1945 FAO NO. 2 OF 2021
AGAINST THE JUDGMENT DATED 20.11.2020 IN I.A.NO.3/2020 IN OS 77/2020 OF ADDITIONAL SUB COURT, NORTH PARAVUR
APPELLANTS/PETITIONERS/PLAINTIFFS:
1 MARIYUMMA SULTHAN AGED 51 YEARS W/O LATE AI HAJ SHEIK YOUSUF SULTAN, VENNIPARAMBIL HOUSE, THOTTAKKATTUKARA P O, ALUVA WEST VILLAGE, ALUVA TALUK, ERNAKULAM DISTRICT, PIN-683108.
2 FATHIMATHUSUHARA K Y AGED 25 YEARS D/O LATE AI HAJ SHEIK YOUSUF SULTAN, VENNIPARAMBIL HOUSE, THOTTAKKATTUKARA P O, ALUVA WEST VILLAGE, ALUVA TALUK, ERNAKULAM DISTRICT, PIN-683108.
3 LAILA BEEVI V Y AGED 23 YEARS D/O LATE AI HAJ SHEIK YOUSUF SULTAN, VENNIPARAMBIL HOUSE, THOTTAKKATTUKARA P O, ALUVA WEST VILLAGE, ALUVA TALUK, ERNAKULAM DISTRICT, PIN-683108.
4 SHAHIRA AGED 35 YEARS D/O LATE AI HAJ SHEIK YOUSUF SULTAN AND W/O SHIHAB KATTETH HOUSE, EDAVOOR P O, KOOVAPPADY VILLAGE, KUNNATHUNADU TALUK, ERNAKULAM DISTRICT, PIN-683544.
BY ADVS. DINESH MATHEW J.MURICKEN N.R.SANGEETHARAJ VINOD S. PILLAI SREELAKSHMI R. MOHAMMED THAYIB N.M.
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RESPONDENTS/RESPONDENTS/DEFENDANTS:
1 JAMEELA SULTHAN AGED 62 YEARS W/O LATE AI HAJ SHEIK YOUSUF SULTAN, VENNIPARAMBIL HOUSE, EAST DESOM, CHENGAMANAD VILLAGE, ALUVA TALUK, ERNAKULAM DISTRICT, PIN-683578.
2 NISAMUDEEN K Y AGED 45 YEARS S/O LATE AI HAJ SHEIK YOUSUF SULTAN, VENNIPARAMBIL HOUSE, EAST DESOM, CHENGAMANAD VILLAGE, ALUVA TALUK, ERNAKULAM DISTRICT, PIN-683578.
3 HAYARUNNEESA ABDUL RASAK AGED 43 YEARS D/O LATE AI HAJ SHEIK YOUSUF SULTAN, VENNIPARAMBIL HOUSE, EAST DESOM, CHENGAMANAD VILLAGE, ALUVA TALUK, ERNAKULAM DISTRICT, PIN-683578.
4 AHAMMED KABEER AGED 35 YEARS S/O LATE AI HAJ SHEIK YOUSUF SULTAN, VENNIPARAMBIL HOUSE, EAST DESOM, CHENGAMANAD VILLAGE, ALUVA TALUK, ERNAKULAM DISTRICT, PIN-683578.
5 SHAMSUDEEN V Y AGED 21 YEARS S/O LATE AI HAJ SHEIK YOUSUF SULTAN, VENNIPARAMBIL HOUSE, THOTTAKKATTUKARA, ALUVA WEST VILLAGE, ALUVA TALUK, ERNAKULAM DISTRICT, PIN-683108.
THIS FIRST APPEAL FROM ORDERS HAVING COME UP FOR FINAL HEARING ON 12.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT G. Girish, J.
The plaintiffs in O.S No.77 of 2020 of the Additional Sub Court, North Paravur, have filed this appeal, challenging the order of dismissal of I.A No.3 of 2020 filed by them in the said suit, for the purpose of appointment of a Receiver.
2.
The respondents (defendants in O.S No.77 of 2020) were duly served with notice, but there is no appearance on their part.
3.
Heard the learned counsel for the appellants.
4.
It is pointed out by the learned counsel for the appellants that two documents, which the appellants have obtained from the Sales Tax Department, in connection with the partnership firm and business, which is the subject matter of the suit, could not be produced before the court below at the time of hearing of the petition for the appointment of Receiver, since the above records could be obtained only later on. For the above reason, the appellants have filed I.A No.1 of 2021 before this Court for receiving the said documents.
5.
It appears from the submissions made by the learned counsel for the appellants as well as the facts and circumstances of the case, as borne out of the records, that the documents sought to be brought on record before this Court as Annexures-A1 and A2 are
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relevant records to be looked into, while deciding the Receiver application filed by them. Thus, it seems to be expedient in the interests of justice that an opportunity has to be afforded to the appellants to have a decision on the Receiver application filed by them, by the court below, after taking into consideration of Annexures-A1 and A2 documents as well. Therefore, the impugned order passed by the Additional Sub Judge, North Paravur in I.A No.3 of 2020 in O.S No.77 of 2020 is liable to be set aside, and the matter remitted back to the said court, for fresh disposal of the said Receiver application.
In the result, the appeal stands allowed as follows :
(i) The order dated 20.11.2020 in I.A No.3 of 2020 in O.S No.77 of 2020 of the Additional Sub Court, North Paravur is hereby set aside.
(ii) The matter is remitted back to the said court, for fresh disposal, after considering Annexures-A1 and A2 documents and hearing both sides afresh.
(iii) The learned Additional Sub Judge shall make every endeavour to dispose of I.A No.3 of 2020 in O.S No.77 of 2020 of the Additional Sub Court, North Paravur, as
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expeditiously as possible, at any rate, within a period of 30 days from the date of receipt of a copy of this order.
Sd/- ANIL K. NARENDRAN, JUDGE
Sd/-
G. GIRISH, JUDGE vgd
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APPENDIX OF FAO 2/2021
PETITIONER ANNEXURES
ANNEXURE-A1 TRUE COPY OF THE APPLICATION SUBMITTED UNDER THE RIGHT TO INFORMATION ACT BEFORE THE INFORMATION OFFICER/SALES TAX OFFICER (GST0, ANGAMALI DATED 28/11/2020.
ANNEXURE-A2 TRUE COPY OF THE REPLY TO ANNEXURE A1 APPLICATION ISSUED BY THE INFORMATION OFFICER/SALES TAX OFFICER (GST) ANGAMALI DATED 21.12.2020.