IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN TUESDAY, THE 8TH SEPTEMBER 2009 / 17TH BHADRA 1931 WP(C).No. 25440 of 2009(O) -------------------------- OS.295/2007 of PRINCIPAL SUB COURT,ERNAKULAM .................... PETITIONER(S): --------------- M/S R. RAMALINGAIER, PAPER ABD BOARDS, BROADWAY, ERNAKULAM, REP. BY MANAGING PARTNER, R. RANGANATHAN, AGED 79, S/O. LATE R.RAMALINGAIER, RANGAL NIVAS, DEWAN'S ROAD, KOCHI-16. BY ADV. SRI.P.V.GEORGE(PUTHIYIDAM) RESPONDENT(S): --------------- 1. THE DHANALAKSHMI BANK LTD., BRANCH OFFICE, SHANMUGHAM ROAD, ERNAKULAM, KOCHI-31. REP. BY ASST. GENERAL MANAGER. 2. NATIONAL INSURANCE CO. LTD., BRANCH NO.2, 3RD FLOOR, AJAY VIHAR, M.G. ROAD, ERNAKULAM, REP. BY BRANCH MANAGER. 3. NATIONAL INSURANCE CO. LTD., PALARIVATTOM BRANCH, MYDHILY MANDIRAM, PALARIVATTOM, KOCHI-25,REP. BY BRANCH MANAGER. 4. NATIONAL INSURANCE CO. LTD., REGIONAL OFFICE, MUTHOOT TOWERS, M.G. ROAD, ERNAKULAM, KOCHI-35, REP. BY REGIONAL MANAGER. 5. NATIONAL INSURANCE CO. LTD., HEAD OFFICE, MIDDLETON STREET, CALCUTTA, REP. BY CHAIRMAN/MANAGING DIRECTOR. WPC.25440/09 6. UNITED INDIA INSURANCE CO. LTD., BRANCH OFFICE NO.3, SHANMUGHAM ROAD, ERNAKULAM, KOCHI-31, REP. BY BRANCH MANAGER. 7. UNITED INDIA INSURANCE CO. LTD., REGIONAL OFFICE SARANYA BUILDING, HOSPITAL ROAD, ERNAKULAM, REP. BY BRANCH MANAGER. 8. UNITED INDIA INSURANCE CO. LTD., HEAD OFFICE, 24, WHITES ROAD, CHENNAI, REP. BY CHAIRMAN/MANAGING DIRECTOR. BY ADV.SRI.C.K.KARUNAKARAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.S.SATHEESACHANDRAN, J. ------------------------------- W.P.(C).NO.25440 OF 2009 (o) ----------------------------------- Dated this the 8th day of September, 2009 J U D G M E N T The writ petition is filed seeking mainly the following reliefs: i. to issue a writ of mandamus or any other appropriate writ, order or direction directing the Principal Sub Court, Ernakulam to issue the copy of order passed in I.A.No.1463/2009 on 7.8.2009 and applied as per A 3140. ii. to stay all further proceedings in O.S.No.295/2007. 2. Petitioner is the plaintiff in O.S.No.295 of 2007 on the file of the Principal Sub Court, Ernakulam. Suit is one for recovery of money and the respondents are the defendants. Recovery of money is claimed from respondents 2 to 8 in the suit. The 1st respondent is a bank which had initiated WPC.25440/09 2 proceedings under the SARFAESI Act against the petitioner to realise the loan advanced to him. Petitioner claims that the entire liability due to the bank pursuant to such proceedings had been cleared. It is the case of the petitioner that his stock in trade was lost in fire, and so much so, the respondents 2 to 8, who had indemnified the loss arising from such documents under the policies taken from them are liable to compensate such loss. Suit claim was for a sum of Rs.3,70,62,197/- and at the institution of the suit, 1/10 th of the fee payable towards the court fee was remitted. In view of his loss of business, he could not pay the balance court fee payable on the suit claim, and, as such, he moved an application to permit him to continue the prosecution of the suit as an indigent person by filing an application under Order XXXIII Rule 1 of the Code of Civil Procedure. Though the respondents did not file any objection, that application was dismissed by order dated 7.8.2009 and the court below directed for payment of the balance court fee on or before 9.9.2009. At this stage, the petitioner has approached this Court and filed this writ petition seeking the aforementioned reliefs invoking the WPC.25440/09 3 supervisory jurisdiction vested with this Court under Article 227 of the Constitution of India. 3. The 1st respondent has entered appearance. Having regard to the facts and circumstances presented, I find no notice to the other respondents is necessary, and, hence, it is dispensed with. 4. I heard the learned counsel for the petitioner and also the 1st respondent. Considering the submissions made and taking note of the facts and circumstances presented, I find the petitioner has to be given reasonable opportunity to challenge the propriety and correctness of the order passed by the court below dismissing his application to continue the prosecution of his suit as an indigent person before he is compelled to pay the balance court fee which is found to be a substantial sum. So much so, there will be a direction to the court below to issue certified copy of the order passed on Ext.P2 application within ten days from the date of production of the copy of this judgment before that court. To provide a WPC.25440/09 4 breathing time to the petitioner to challenge the correctness of that order, I direct the court below to keep in abeyance further proceedings of the suit for a period of one month. The order of the court below to pay the balance court fee on 9.9.2009 shall also stand extended for the period of one month. Subject to the above direction, this writ petition is closed. Handover a copy of the judgment to the counsel for the petitioner on usual terms and send a copy of the judgment to the court below forthwith. S.S.SATHEESACHANDRAN JUDGE prp