IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS WEDNESDAY, THE 20TH JANUARY 2010 / 30TH POUSHA 1931 RFA.No. 845 of 2009 --------------------- OS.154/2008 of ADDL.SUB COURT, PARAVUR .................... APPELLANT/PLAINTIFF -------------------------- M/S. HIGHWAY CONTRACTORS PVT. LTD., HAVING ITS REGISTERED OFFICE AT THYKADAVIL, 13TH LANE, TOC-H ROAD, VYTTILA, KOCHI-19, REP.BY ITS EXECUTIVE DIRECTOR JOSHUA KURUVILLA, AGED 58, S/O. LATE PROF. JOSHUA, THYKKADAVIL, 13TH LANE, TOC-H ROAD, VYTTILA, KOCHI-19. BY ADV. SRI.C.T.JOSEPH SRI.JOE POLLAYIL SRI.ROSHIN IPE JOSEPH RESPONDENTS / DEFENDANTS ----------------------------------- 1. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SUPERINTENDING ENGINEER, P.W.D.(N.H.), CENTRAL CIRCLE, VYTTILA. 3. THE EXECUTIVE ENGINEER, N.H.(B)DIVISION, KODUNGALLUR. GOVERNMENT PLEADER SRI.L.G.SURESH BABU THIS REGULAR FIRST APPEAL HAVING BEEN FINALLY HEARD ON 20/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A. K. Basheer & M.L.Joseph Francis, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - R.F.A. 845 of 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 20th day of January, 2010. Judgment Basheer, J: Appellant is the plaintiff in a suit for recovery of money which is allegedly due from the respondents. When the suit was posted for remittance of the balance court fee, it was noticed by the court below that it had not been remitted so far. According to the appellant an application, (I.A.No.3137/2007) was in fact filed before the court below praying for enlargement of time. However the court below was not inclined to allow the prayer and accordingly plaint was rejected for non payment of the balance court fee. 2. Learned counsel for the appellant submits that the failure to remit the balance court fee was not due to any wilful or negligent conduct on the part of the appellant. If only the prayer for enlargement of time had been allowed, the appellant would have remitted the fee. 3. We have heard learned Government Pleader also who takes notice for the respondents. 4. Having regard to the entire facts and circumstances of the case, we are satisfied that the appellant should be given an opportunity to prosecute his case. Therefore the impugned order is RFA.845/09. 2 set aside. Appellant shall remit the balance court fee on or before February 4, 2010, in which event the court below shall receive the same and restore the plaint on its file and dispose of the suit in accordance with law, after affording sufficient opportunity to the parties. If the appellant fails to remit the balance court fee as directed above this appeal will stand dismissed. Appeal is disposed of in the above terms. A.K. Basheer Judge M.L. Joseph Francis Judge. an. In compliance of the direction in the judgment dated 20/01/2010 in RFA 845/09 the appellant's counsel has remitted the balance court fee of Rs.6,80,760/- before the court below within the time stipulated (01.02.2010). Vide memo dated 21/10/10 cf. 6272/10. Sd/- Registrar (Judl.)