IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 25TH JULY 2008 / 3RD SRAVANA 1930 WP(C).No. 15782 of 2008(D) -------------------------------------- OS.286/2005 of ADDL.SUB COURT, PALAKKAD .................... PETITIONER: ----------------- M/S. ANIL & SANTHOSH ASSOCIATES ENGINEERING CONTRACTORS, EAST FORT COMPLEX, FORT MAIDAN, PALAKKAD-13, REP;BY ITS PARTNER ANIL GEORGE,S/O.LATE PROF.O.K.GEORGE, CIVIL ENGINEER, IX/1162, OLIPPURAM HOUSE, SREERAGAM GARDENS, CHANDRA NAGAR P.O, PALAKKAD-70. BY ADV. SRI.P.R.VENKATESH RESPONDENT: --------------------- M/S.RUBFILLA INTERNATIONAL LTD.HAVING REGISTERED OFFICE AT NIDA MENONPARA ROAD, KANJIKODE PO, PALAKKAD REPRESENTED BY ITS MANAGING DIRECTOR. BY ADV. SRI.M.PATHROSE MATTHAI (SR.) - R1 SRI.SAJI VARGHESE - R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).15782/2008-D APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF I.A. NO.3559/2007 IN OS NO.286/2005 FILED BY THE RESPONDENT BEFORE THE ADDL. SUB COURT, PALAKKAD. EXT.P2: COPY OF THE COUNTER FILED BY THE PETITIONER ON 19/09/2007 TO EXT.P1. EXT.P3: COPY OF THE ORDER DATED 24/09/2007 OF THE ADDL SUB JUDGE, PALAKKAD IN I.A.3559/07 IN O.S. NO.286/2005. RESPONDENT'S EXHIBITS: NIL // TRUE COPY // P.A. TO JUDGE Rs/ K.P. BALACHANDRAN, J. ------------------------------------- W.P(c) No. 15782 of 2008 ---------------------------- Dated this the 25th day of November, 2008 JUDGMENT Counsel for petitioner submits that setting aside of Exhibit P3 order does not arise at present as the period during which the trial of the suit stood suspended is already over, but however what the plaintiff wants is to obtain permission from the BIFR, without which according to him the suit will not be maintainable and therefore enabling him to get appropriate orders from the BIFR so as to have the suit rendered maintainable, the trial of O.S. No.286 of 2005 pending on the file of the Sub Court, Palakkad, which is now scheduled for trial tomorrow, be adjourned by one month. The prayer is granted. This writ petition is disposed of granting the above relief. K.P. BALACHANDRAN, JUDGE scm