IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN MONDAY, THE 24TH AUGUST 2009 / 2ND BHADRA 1931 AS.No. 791 of 1995(D) ------------------------------- OS.NO.271/1986 OF I ADDL.SUB COURT,THIRUVANANTHAPURAM. .................... APPELLANT/ 4TH DEFENDANT: --------------------------------------------- J.K. KHANNA, AGED ABOUT 48, BUSINESSMAN, HAVING OFFICE AT 509, ARUN CHAMBERS, TARDEOR, BOMBAY AND RESIDING AT NO. 2, BHAGWAN APARTMENT, WORLI SEAFACE, BOMBAY – 400 018. BY MR.A.M.SHAFFIQUE, SENIOR ADVOCATE, ADVS. MR.E.K.NANDAKUMAR, MR.A.K.JAYASANKAR NAMBIAR. RESPONDENTS/ PLAINTIFF & DEFENDANTS 1 TO 3 & 5 TO 8: --------------------------------------------------------------------------------------- 1. INDIAN OVERSEAS BANK, BRANCH, M.G. ROAD, THIRUVANANTHAPURAM, REPRESENTED BY ITS SUB MANAGER, B.G. RANGANATHAN, AGED 34 YEARS, RESIDING AT T.C. 16/415, EASWARAVILASOM ROAD, THIRUVANANTHAPURAM. 2. M/S. T.K. CHEMICALS LIMITED, A COMPANY INCORPORATED UNDER THE INDIAN COMPANIES ACT WITH ITS REGISTERED OFFICE AT 48-51, VELI INDUSTRIAL ESTATE, KOCHUVELI, TRIVANDRUM, REPRESENTED BY ITS MANAGING DIRECTOR. 3. K.P. MAGON, AGED ABOUT 50, BUSINESSMAN, HAVING OFFICE AT 509, ARUN CHAMBERS, TARDEOR, BOMBAY AND RESIDING AT 43, NIBHANA PALI HILL, BANDRA, BOMBAY. A.S. NO. 791/1995-D: 4. V.T. MAYOR, AGED ABOUT 62, BUSINESSMAN, HAVING OFFICE AT 509, ARUN CHAMBERS, TARDEOR, BOMBAY AND RESIDING AT 2, BHAGWAN APARTMENT, WORLI SEAFACE, BOMBAY – 400 018. 5. MRS. RAJANI MAGON, W/O. LATE MR. K.P. MAGON, AGED ABOUT 45 YEARS, RESIDING AT 243, BHAGWAN APARTMENTS, 1ST FLOOR, WORLI SEAFACE, BOMBAY – 400 018. 6. MR. VIPUL MAGON, S/O. LATE MR. K.P. MAGON, AGED 20 YEARS, RESIDING AT 243, BHAGWAN APARTMENTS, 1ST FLOOR, WORLI SEAFACE, BOMBAY – 400 018. 7. MISS ANUP MAGON, D/O. LATE MR. K.P. MAGON, AGED ABOUT 18 YEARS, RESIDING AT 243 BHAGWAN APARTMENTS, 1ST FLOOR WORLI SEAFACE, BOMBAY 400 018. 8. MRS. MAGON, MOTHER OF K.P. MAGON, AGED ABOUT 70 YEARS, RESIDING AT 243 BHAGWAN APARTMENTS, 1ST FLOOR, WORLI SEAFACE, BOMBAY – 400 018. R1 BY ADVS. MR.CHACKO GEORGE, MR.A.T.ANTONY, R5 TO R7 BY ADV.MRJOY THATTIL ITTOOP, ADV. MR.SHAHUL HAMEED MOOPPAN. THIS APPEAL SUITS HAVING BEEN FINALLY HEARD ON 24/08/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. P.R.RAMAN & K.SURENDRA MOHAN, JJ. ------------------------------------------- A.S.No.791 of 1995 ------------------------------------------- Dated this the 24th day of August, 2009 JUDGMENT Raman,J. Despite the order of this Court on 14.7.2009, paper publication is not effected. In the circumstances, the appeal is dismissed for non-prosecution. P.R.RAMAN, JUDGE K.SURENDRA MOHAN, JUDGE css/