IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN THURSDAY, THE 7TH OCTOBER 2010 / 15TH ASWINA 1932 RFA.No. 300 of 2009() ----------------------------- OS.37/2006 of SUB COURT,KOCHI .................... APPELLANT/IST DEFENDANT ------------------------------------------- M/S.JAISU SHIPPING COMPANY PVT.LTD,A COMPANY IN CORPORATED UNDER THE COMPANIES ACT,1956 HAVING ITS REGISTERED OFFICE AT "KEWAL RAMANI HOUSE",DINSHOW BUILDING ROAD,KANDLA PORT,GUJARAT- 370220,REPRESENTED BY ITS MANAGING DIRECTOR. BY ADVS. SRI.VAKKOM N.VIJAYAN SMT.V.RENJU SRI.P.ANIYAN SMT.M.A.RAMITHA RESPONDENT(S): PLAINTIFF & 2ND DEFENDANT ---------------------------------------------------------------------- 1. BOARD OF TRUSTEES OF COCHIN PORT TRUST, WILLINGTON ISLAND,KOCHI-682009,REPRESENTED BY ITS CHAIRMAN N.RAMACHANDRAN. 2. UNION OF INDIA,OWNING RAILWAYS,REP.,BY ADDITIONAL GENERAL MANAGER, SOUTHERN RAILWAY, CHENNAI,TAMIL NADU. R1 BY ADVS. SRI.E.K.NANDAKUMAR, SRI.A.K.JAYASANKAR NAMBIAR, SRI.K.JOHN MATHAI, SRI.P.BENNY THOMAS, SRI.ANIL D. NAIR, SRI.JOSON MANAVALAN. R2 BY ADV. SRI.N.B.SUNIL NATH, SC, RAILWAYS THIS REGULAR FIRST APPEAL HAVING BEEN FINALLY HEARD ON 07/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON IA. NO.1593/2009 IN R.F.A. NO.300/2009 DISMISSED 07/10/2010 SD/- THOTTATHIL B.RADHAKRISHNAN, JUDGE SD/- P.BHAVADASAN, JUDGE TRUE COPY P.S. TO JUDGE tss Thottathil B.Radhakrishnan & P.Bhavadasan, JJ. = = = = = = = = = = = = = = = = = = = = = = = = R.F.A.No.300 of 2009-F = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 7th day of October, 2010. Judgment Thottathil B.Radhakrishnan, J. Balance court fee not paid. The learned counsel for the appellant-first defendant says that the first defendant does not intend to prosecute this appeal by paying the balance court fee. Hence, appeal is rejected as defective for payment of balance court fee. Consequent on such rejection, 1/3rd court fee already paid is ordered to be refunded to the appellant. The appeal is ordered accordingly. Thottathil B.Radhakrishnan, Judge. P.Bhavadasan, Judge. Sha/1510