IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 24TH JUNE 2011 / 3RD ASHADHA 1933 CMA.No. 81 of 2003() ------------------------------ I.A. NO.2536/2001 IN OS.103/1998 OF PRINCIPAL SUB COURT, ERNAKULAM .................... APPELLANTS/RESPONDENTS/DEFENDANTS: ------------------------------------------------------------------ 1. KERALA FINANCIAL CORPORATION, REPRESENTED BY ITS DEPUTY MANAGER (LEGAL), VELLAYAMBALAM, THIRUVANANTHAPURAM. 2. THE DISTRICT MANAGER, KERALA FINANCIAL CORPORATION, KALOOR. BY ADV. SRI.M.M.SAYED MUHAMMED, SC, KFC RESPONDENT/PETITIONER/PLAINTIFF: ---------------------------------------------------------- M/S.MAS HOTEL, NORTH RAILWAY STATION ROAD, ERNAKULAM, REPRESENTED BY ITS MANAGING PARTNER, SRI.K.M. IBRAHIM KUTTY MATHER. BY THIS CIVIL MISC. APPEAL HAVING BEEN FINALLY HEARD ON 24/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs CMA.No. 81 of 2003 ORDER ON C.M.P. NO.1908/2003 IN C.M.A. NO.81/2003 DISMISSED 24/06/2011. SD/- THOTTATHIL B.RADHAKRISHNAN, JUDGE SD/- P.S.GOPINATHAN, JUDGE //TRUE COPY// P.S. TO JUDGE rs Thottathil B.Radhakrishnan & P.S.Gopinathan, JJ. = = = = = = = = = = = = = = = = = = = = = = = = C.M.A.No.81 of 2003 = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 24th day of June, 2011. Judgment Thottathil B.Radhakrishnan, J. This is an appeal filed by the Kerala Financial Corporation challenging an order by which its defence was struck off on account of non- production of documents ordered to be produced. This appeal was admitted some time in early 2003. The matter remains defective and service remains incomplete. But, looking into the files, we find that no order of stay was granted, obviously, therefore, not precluding the conclusion of the suit. On query by us, we are told by the learned counsel for the appellants that the suit has been decided otherwise than on merits and that KFC has filed an appeal, R.F.A.471 of 2004. Hence, without prejudice to the prosecution of that CMA81/2003 -: 2 :- appeal, including on any ground referable to the striking of the defence, if permissible in law, this appeal is dismissed for default. Thottathil B.Radhakrishnan, Judge. P.S.Gopinathan, Judge. Sha/3006 CMA81/2003 -: 3 :- Thottathil B.Radhakrishnan & P.S.Gopinathan, JJ. = = = = = = = = = = = = = = = = = C.M.A. 81 OF 2003 = = = = = = = = = = = = = = = = = Judgment 24th June, 2011.