IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE A.M.SHAFFIQUE FRIDAY, THE 2ND DECEMBER 2011 / 11TH AGRAHAYANA 1933 Co.Appeal.No. 51 of 2011 --------------------------------- ORDER DATED 10.11.2011 IN CA.714/2011 IN C.C..443/2008 IN CP.34 & 53 OF 2002 .................... APPELLANT (S): APPLICANT/2ND RESPONDENT: --------------------------------------------------------------------- T.G.PRADEEP KUMAR,S/O.T.S.GOVINDAN, THAIKOOTTATHIL HOUSE,AYYAMPILLY.P.O,ERNAKULAM. BY ADV. SRI.RAJESH CHAKYAT RESPONDENT(S): RESPONDENT/APPLICANT: ---------------------------------------------------------------- OFFICIAL LIQUIDATOR,HIGH COURT OF KERALA COMPANY LAW BHAVAN,THRIKKAKARA,COCHIN-21. BY ADV.SRI.K.MONI SMT.S.JASMINE. THIS COMPANY APPEAL HAVING COME UP FOR ADMISSION ON 02/12/2011 ALONG WITH COA.52/2011, COA.53/2011 AND COA.54/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH & A. M. SHAFFIQUE, JJ. ------------------------------------------------------- Company Appeal No.51 of 2011 Company Appeal No.52 of 2011 Company Appeal No.53 of 2011 Company Appeal No.54 of 2011 ----------------------------------------- Dated, this the 2nd day of December, 2011 J U D G M E N T K.M.Joseph, J. Since the issue involved is similar, we dispose of these appeals by this common judgment. Appellants/Second respondent challenge the orders by which the learned Company Judge has while allowing the applications for amendment of counter affidavits imposed cost of Rs.7,500/-. 2. We heard the learned counsel for the appellants and learned counsel for the Official Liquidator Sri.K.Moni. No doubt, the company claim was filed in 2008 and 2009. Counter affidavits are filed in 2009 and 2011 by the 2nd respondent. The reason apparently given by the learned Company Judge in imposing cost is that the amendment applications are filed when the matter was taken up for evidence. Learned counsel for the appellants would submit that it is only on account of the late COA 51,52,53,54/2011 -2- discovery of facts that the amendment application was made belatedly. We would think that interest of justice would be subserved if we substitute Rs.2,500/- in place of Rs.7,500/- as costs in all these cases. Accordingly, we allow the appeals and modify the impugned orders and we order that the appellants shall pay Rs.2,500/- as cost in place of Rs.7,500/. (K.M.JOSEPH) JUDGE. (A. M. SHAFFIQUE) JUDGE. MS