IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE V.K.MOHANAN MONDAY, THE 31ST MARCH 2008 / 11TH CHAITHRA 1930 RFA.No. 84 of 2008() -------------------- OS.14/2007 of I ADDL.SUB COURT,ERNAKULAM .................... APPELANT/PLAINTIFF: ------------------- M/S. ANANTH OIL EXTRACTIONS (PVT) LTD. T.D.ROAD, ERNAKULAM REPRESENTED BY ITS MANAGING DIRECTOR, LATHA K.NAIR, W/O.SUNDER RAJ, 'ROHINI' OPP.SEEMATTI, M.G.ROAD, ERNAKULAM NOW RESIDING AT LILNK HORIZON, FLAT 8A, MARINE DRIVE COCHIN-31. BY ADV. SRI.DINESH R.SHENOY SRI.V.V.UNNIKRISHNAN RESPONDENTS: DEFENDANTS ----------------------- 1. M/S. COCHIN SOFT DRINKS COMPANY, XVI/1072,BROADWAY ERNAKULAM, REPRESENTED BY MANAGING PARTNER A.K.EBRAHIMKUTTY,S/O.KUNJU MOHAMMED, ALUNKALPARAMBIL HOUSE,NEAR PUTHIYA ROAD KALOOR, ERNAKULAM. 2. A.K.EBRAHIMKUTTY,S/O.KUNJU MOHAMMED, ALUNKALPARAMBIL HOUSE,NEAR PUTHIYA ROAD KALOOR, ERNAKULAM. 3. A.K.MOHMMED ALI JINAH,S/O.KUNJU MOHAMMED ALUNKALPARAMBIL HOUSE,PULLEPPADY RAIL CROSS ROAD COCHIN-13 4. A.K.SHAMSUDEEN,S/O.KUNJU MOHAMMED ALUNKALPARAMBIL HOUSE,PULLEPPADY RAIL CROSS ROAD COCHIN-13. 5. A.K.AZAD,S/O.KUNJU MOHAMMED ALUNKALPARAMBIL HOUSE,PULLEPPADY RAIL CROSS ROAD ' BY ADV. SRI.P.N.RAMAKRISHNAN NAIR SRI.P.VISWANATHAN THIS REGULAR FIRST APPEAL HAVING BEEN FINALLY HEARD ON 31/03/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JUDGMENT Raman, J. Learned counsel for the appellant filed a memo stating that the matter may be dismissed as not pressed, as it has been settled out of court. The memo is recorded and the appeal is dismissed as not pressed. Sd/-P.R.RAMAN, JUDGE. 31st March, 2008 Sd/- V.K.MOHANAN, JUDGE. True Copy P.A. TO JUDGE. RFA.84/08 Urgent notice. In paragraph 5 of the appeal memorandum, IA. number is omitted to be mentioned. Counsel for the appellant seeks permission for correction. Permission is accorded. It is stated in the appeal memorandum that the impugned order was passed rejecting the plaint and that the appellant had in fact filed an application seeking enlargement of time for payment of balance court fee as per I.A.No.863./2008. Hence, the court below shall verify the records and state whether any such application was pending on the date on which the case was taken up for further consideration. If any such application was filed, a copy of the same shall be forwarded to this Court. Post on 25/2/2008. P.R.RAMAN, JUDGE 14/2/2008 V.K.MOHANAN, Judge.