Sanooj vs. Sai Sindhu Traders

OP(C)/2436/2022HC KeralaGSTCNR KLHC01086425202209 December 2022Bench: HONOURABLE MR.JUSTICE C.S.DIAS6 pages
AI SummaryDismissed

Held

The High Court upheld the Munsiff Court's dismissal, finding the application was highly belated and filed at the fag end of the trial with an intention to protract the suit. It noted the petitioner's admission that the GST registration of the proprietorship concern was in his name, and found no error warranting interference.

Facts

The respondent (plaintiff) filed a suit for recovery of dues from the petitioner (defendant), proprietor of 'Sreelakshmi Silks'. During trial, after his cross-examination, the petitioner filed an application to summon a witness and produce a lease deed, which the Munsiff Court dismissed as highly belated.

Key Issues

Whether the Munsiff Court erred in dismissing a belated application to summon a witness and produce a document, filed at the fag end of the trial, especially when the petitioner had already admitted to GST registration in his name.

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
OP(C) NO. 2436 OF 2022 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS FRIDAY, THE 9TH DAY OF DECEMBER 2022 / 18TH AGRAHAYANA, 1944 OP(C) NO. 2436 OF 2022 AGAINST THE ORDER/JUDGMENT IN OS 698/2019 OF PRINCIPAL MUNSIFF COURT, PALAKKAD PETITIONER/S: SANOOJ AGED 40 YEARS S/O RAJAPPAN, KUTTIRAMKUNNU HOUSE, PERUVAMBU P.O, PALAKKAD DISTRICT, PIN - 678531 BY ADVS. ANAND KALYANAKRISHNAN C.DHEERAJ RAJAN RESPONDENT/S: SAI SINDHU TRADERS REPRESENTED BY IT PROPRIETRIX SINDHU, AGED 47 YEARS, W/O PURUSHOTHAMAN, SANTHI, SEKHARIPURAM, KALPATHY, PALAKKAD DISTRICT , PIN - 678003 THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 09.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(C) NO. 2436 OF 2022 2

JUDGMENT Aggrieved by Ext.P4 order passed in I.A.No.2582/2022 by the Court of the Principal Munsiff, Palakkd, the defendant in the suit has filed the original petition. The respondent is the plaintiff in the suit.

2.

The facts leading to Ext.P4 order, in brief, are: the respondent has filed the suit against the petitioner for realisation of an amount of Rs.90,180/- with interest. The petitioner has resisted the suit by filing Ext.P2 written state

The judgment continues below.

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Reproduced from the public record of the Kerala High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.