M.L.Vinny vs Kerala Vyapari Vyavasayi Ekopana … on 29 May, 2007

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 19760 of 2005(B)


1. M.L.VINNY, S/O.LATE M.K.LONAPPAN,
                      ...  Petitioner

                        Vs



1. KERALA VYAPARI VYAVASAYI EKOPANA SAMITHI
                       ...       Respondent

2. P.A.M.IBRAHIM, S/O.T.B.ABDUL KHADER,

                For Petitioner  :SRI.JOHN JOSEPH(ROY)

                For Respondent  :SRI.DINESH R.SHENOY

The Hon'ble MR. Justice PIUS C.KURIAKOSE

 Dated :29/05/2007

 O R D E R
                             PIUS C. KURIAKOSE, J.

                  ..........................................................

                           W.P.(C) No.19760 OF 2005

                 ...........................................................

                      DATED THIS THE 29TH MAY, 2007


                                   J U D G M E N T

It is by now settled that the court has power to receive written

statements filed even beyond 90 days of receipt of summons by the

defendants, vide the judgment reported in Kailash v. Nanhku [2005

(2) KLT 623 (SC)]. Under these circumstances, Exts.P1 and P2 orders

are set aside/modified and the Munsiff’s Court, Ernakulam is directed

to receive the written statement filed by the petitioner on file,

formulate issues on the basis of the contentions raised therein and

dispose of the suit O.S.No.1477 of 2003 in accordance with law.

The Writ Petition is allowed as above. No costs.

(PIUS C. KURIAKOSE, JUDGE)

tgl

WP(C)N0. -2-