IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 29TH NOVEMBER 2011 / 8TH AGRAHAYANA 1933 OP(C).NO. 3882 OF 2011(O) --------------------------------------- OS.156/2011 OF PRINCIPAL SUB COURT,KOCHI .................... PETITIONER: ------------------- M/S. THARAKAN FOODS PVT. LTD., PADIPURA, EZHUPUNNA P.O., KERALA, PIN-688 548, REPRESENTED BY ITS DIRECTOR, MR. LALAN THARAKAN. BY ADV. SRI.JOY THATTIL ITTOOP SRI.A.G.ADITYA SHENOY RESPONDENT(S): ------------------------ M/S. MITSUI O.S.K.LINES (INDIA) PVT. LTD., IIND FLOOR, COASTAL BUILDING, MILNE ROAD, WILLINGTON ISLAND, KOCHI-682 003. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 29/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P(C) NO.3882 OF 2011 APPENDIX PETITIONER(S)' EXHIBITS: EXT.P1 : A TRUE COPY OF PLAINT FILED BY THE PLAINTIFF/RESPONDENT BEFORE THE HON'BLE SUBORDINATE JUDGES COURT, KOCHI. EXT.P2 : A TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER/ DEFENDANT FOR EXTENSION OF TIME TO FILE THE WRITTEN STATEMENT. RESPONDENT(S)' EXHIBITS: NIL TRUE COPY P.S. TO JUDGE THOMAS P.JOSEPH, J. ==================================== O.P(C) No.3882 of 2011 ==================================== Dated this the 29th day of November, 2011 J U D G M E N T Defendant in O.S. No.156 of 2011 of the court of learned Sub Judge, Kochi is the petitioner before me seeking a direction to the learned Sub Judge to extend the time for filing written statement. 2. Respondent sued petitioner for recovery of Rs.23,47,862.51 with interest and costs. Petitioner appeared through counsel on 27.09.2011 and sought time for filing written statement. Time was extended until 26.11.2011. According to the petitioner, the counsel engaged by it could not prepare the written statement due to reasons beyond his control and hence he relinquished engagement. Petitioner engaged another counsel who filed Vakalath on 25.11.2011 and preferred an application for extension of time for filing written statement which was dismissed. Petitioner was set ex parte and the case stands posted for evidence of respondent on 30.11.2011. Learned counsel for petitioner tells me the difficulty of petitioner in filing the written statement before 30.11.2011. It is submitted that claim is made O.P(C) No.3882 of 2011 -: 2 :- under the Carriage of goods by Sea Act and Admirality laws and that it will take some time for petitioner to prepare and file the written statement. If in the meantime an ex parte order is passed, it will cause much inconvenience and loss to the petitioner. 3. It is not proper for this Court to issue a direction as to how the learned Sub Judge has to pass orders. It is a matter which the learned Sub Judge has to consider whether on account of unavoidable reasons petitioner was not able to file written statement on time. If petitioner is set ex parte, it can request learned Sub Judge to set aside the ex parte order against it and post the case to a convenient day for evidence so that, in the meantime, it is open to the petitioner to challenge the order refusing to extend time for filing written statement or file the written statement with application to receive the same on file. In the circumstances I have stated above no direction as prayed for could be issued. Original Petition is disposed of with the observations I have made above with liberty to the petitioner to request learned Sub Judge to set aside the ex parte order and post the case for evidence so that in the meantime petitioner could challenge the order dismissing the application for extension of time and/or file O.P(C) No.3882 of 2011 -: 3 :- written statement with application to receive the same. If any such request is made learned Sub Judge shall consider the request and pass appropriate orders. THOMAS P. JOSEPH, JUDGE. vsv