IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 19TH FEBRUARY 2009 / 30TH MAGHA 1930 WP(C).No. 16475 of 2005(J) -------------------------------------- AGAINST THE ORDER DATED 20/5/2005 IN IA.NOS.725 & 726/2005 IN POP.354/2003 & POP.353/2003 OF THE DISTRICT COURT, THRISSUR .................... PETITIONER: ------------------- M/S. SAYUJYA KURIES (P) LIMITED, REG.OFFICE, 2ND FLOOR, ADAM BAZAR, THRISSUR, REP. BY ITS CHAIRMAN SHAJAN ANTONY, AGED 39, S/O. ANTONY, OLLUR VILLAGE, THRISSUR TALUK. BY ADV. SRI.G.SREEKUMAR (CHELUR) RESPONDENTS: ----------------------- 1. SIVARAMAN, S/O. PUTHUKKATTIL VELAYUDHAN ANCHERY DESOM, OLLUR VILLAGE, THRISSUR TALUK. 2. REMANI, W/O. SIVARAMN, PUTHUKKATTIL HOUSE, ANCHERY DESOM, OLLUR VILLAGE, THRISUR TALUK. ADV. SRI.K.B.MOHANDAS FOR R1&2 SRI.LELLULAL T.G.THUNDATHIL FOR R1&2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.16475 OF 2005-J APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPIES OF THE DECREES PASSED IN O.S.NO.1865/99 AND 1857/99 DATED 23/1/03 ON THE FILE OF THE THIRD ADDITIONAL MUNSIFF COURT THRISSUR EXT.P2 TRUE COPIES OF THE CROSS APPEALS SUBMITTED BY THE PETITIONER COMPANY BEFORE THE HON'BLE DISTRICT COURT, THRISSUR IN P.O.P.NOS.353/03 & 354/03 EXT.P3 TRUE COPY OF THE I.A.NO.725/05 IN P.O.P. NO.354/03 DATED 7.4.05 EXT.P4 TRUE COPY OF THE I.A.NO.726/05 IN P.O.P.NO.353/03 DATED 7.4.05 OF FIRST ADDITIONAL DISTRICT COURT, THRISSUR EXT.P5 TRUE COPY OF THE OBJECTIONS SUBMITTED BY THE PETITIONER COMPANY IN EXT.P3 AND P4 APPLICATIONS DATED 7.4.05 EXT.P6 TRUE COPY OF THE COMMON ORDER PASSED BY THE FIRST ADDITIONAL DISTRICT COURT, THRISSUR IN I.A.NO.725/05 IN P.O.P.NO.354/03 AND I.A.NO.726/05 IN P.O.P.NO.3353/03 DATED 20.5.05. RESPONDENTS EXHIBITS: EXT.R1 TRUE COPY OF THE FDR NO.119661 DATED 18.10.2000 FOR ONE LAKH RUPEES EXT.R2 TRUE COPY OF FDR NO.119660 DATED 18.10.2000 FOR RS.1,00,000/- / TRUE COPY / HARUN-UL-RASHID, J. ------------------------------------------- W.P.(C) No.16475 of 2005-J ------------------------------------------ Dated, this the 19th day of February, 2009 JUDGMENT The petitioner was the plaintiff in O.S.Nos.1857 and 1865 of 1999 of the III Additional Munsiff Court, Thrissur. The suits were filed against the same defendants for realisation of money. Ext.P1 series are the decrees passed in the said cases. The defendants filed appeal in forma pauperis before the lower appellate court. The petitioner also filed cross appeals challenging the rate of interest decreed. The application for permission to sue as in forma pauperis was dismissed by the appellate court finding that the appellants have sufficient means to pay the court fee. 2. Instead of paying the court fee as directed by the court in the order, the defendants filed Exts.P3 and P4 applications before the appellate court seeking permission to withdraw amount from the security deposit for the purpose of paying court fee. The plaintiff filed objections in Ext.P5 series and contested the application seriously. Ext.P6 is the order passed by the court below. 3. The learned counsel for the writ petitioner/plaintiff submitted that the prayer in Exts.P3 and P4 W.P.(C) No.16475 of 2005 2 is to invoke the inherent jurisdiction of the court and to pass orders permitting them to adjust the portion of the deposited amount by permitting the appellants to withdraw a portion lying in fixed deposit for the purpose of payment of court fee. Learned counsel submitted that Ext.P6 order is palpably wrong and illegal and the court has no jurisdiction or competence to pass such orders. The direction in Ext.P6 order permitting the appellants/defendants to withdraw a portion of the security amount lying in fixed deposit for enabling the appellants to pay court fee is a strange order. For whatever reasons, the court below cannot pass such an order. 4. In the result, the writ petition is allowed and Ext.P6 order is quashed. The appellants who are respondents herein are granted a month's time to remit court fee in the appeal failing which the said appeal shall be rejected. HARUN-UL-RASHID, JUDGE vns