IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN TUESDAY, THE 16TH NOVEMBER 2010 / 25TH KARTHIKA 1932 RFA.No. 512 of 2010(D) --------------------------------- [OS.NO.445/2007 OF ADDITIONAL SUB COURT,KOTTAYAM] .................... APPELLANT/PLAINTIFF: ----------------------------------- MANGANAM SERVICE CO-OPERATIVE BANK LTD., NO-1920 MANGANAM,REPRESETNED BY ITS SECRETARY, MANGANAM KARA, VIJAYAPURAM VILLAGE. BY SRI.T.KRISHNANUNNI, SENIOR ADVOCATE, ADV. SRI.SURIN GEORGE IPE. RESPONDENTS: ------------------------ 1. GANDHIGRAM RUBBERS LTD., (A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956-NO. 09-8490)ST.MARYS BUILDINGS, KURAVILANGAD – 686 633, REPRESETNED BY ITS MANAGING DIRECTOR. 2. GANDHIGRAM AGROBASED INDUSTRIAL CO-OPERATIVE SOCIETY LTD.,REPRESENTED BY ITS SECRETARY,GAICO, KURAVILANGAD, KOTTAYAM – 686 633. R1 BY ADV. SRI.GEORGE POONTHOTTAM, R2 BY ADV. SRI.SUNIL CYRIAC. THIS REGULAR FIRST APPEAL HAVING COME UP FOR ADMISSION ON 16/11/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. THOTTATHIL.B.RADHAKRISHNAN & P.BHAVADASAN, JJ. ------------------------------------------------------------------------ RFA No.512 of 2010-D ------------------------------------------------------------------------ Dated 16th November 2010 Judgment Thottathil.B.Radhakrishnan, J. This is a plaintiff's appeal against the rejection of a plaint on the ground of non-payment of balance court fee. Having heard the learned counsel for the parties, we find that the plaintiffs and the second defendant are co- operative societies and the first defendant is shown to be a limited company, though there is a suggestion that it is also a co-operative society. Incidentally, it is contended by the defendants that the suit is barred in terms of S.69 of the Kerala Co-operative Societies Act. We do not deem it necessary for us to express on that aspect at this point of time since the issue as regards bar of jurisdiction is to be raised for the consideration of the court below. We accordingly set aside the impugned order and grant the appellant RFA 512/10 2 three weeks' time from now to pay the balance court fee. The parties shall appear before the court below on 21.12.2010. The appeal is ordered accordingly. THOTTATHIL.B.RADHAKRISHNAN, JUDGE P.BHAVADASAN, JUDGE sta RFA 512/10 3