IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS FRIDAY, THE 8TH JANUARY 2010 / 18TH POUSHA 1931 FAO.No. 281 of 2009 ---------------------------------- AGAINST THE ORDER DATED 7/8 / 2009 IN IA 1463/2009 IN OS.295/2007 of PRINCIPAL SUB COURT,ERNAKULAM .................... APPELLANT/PETITIONER/PLAINTIFF: ----------------------------------------------------------- M/S.R.RAMALINGAIER, PAPER AND BOARDS, BROADWAY, ERNAKULAM, REPRESENTED BY MANAGING PARTNER, R.RANGANATHAN, AGED 79, S/O.LATE R.RAMALINGAIER, RANGA NIVAS, DEWAN'S ROAD, KOCHI-16. BY ADV. SRI.P.V.GEORGE(PUTHIYIDAM) RESPONDENT(S): RESPONDENTS/DEFENDANTS: ------------------------------------------------------------------------------ 1. THE DHANALAKSHMI BANK LTD., BRANCH OFFICE, SHANMUGHAM ROAD, ERNAKULAM, KOCHI-31, REPRESENTED BY ASST.GENERAL MANAGER. 2. NATIONAL INSURANCE CO. LTD., BRANCH NO.2, 3RD FLOOR, AJAY VIHAR, M.G.ROAD, ERNAKULAM, REPRESENTED BY BRANCH MANAGER. 3. NATIONAL INSURANCE CO. LTD., PALARIVATTOM BRANCH, MYDHILY MANDIRAM, JANATHA JN., PALARIVATTOM, KOCHI-25, REPRESENTED BY BRANCH MANAGER. 4. NATIONAL INSURANCE CO. LTD., REGIONAL OFFICE, MUTHOOT TOWERS, M.G.ROAD, ERNAKULAM, KOCHI-35, REPRESENTED BY REGIONAL MANAGER. 5. NATIONAL INSURANCE CO. LTD., HEAD OFFICE, MIDDLETON STREET, CALCUTTA, REPRESENTED BY CHAIRMAN/MANAGING DIRECTOR. FAO.No. 281 of 2009 :: 2 :: 6. UNITED INDIA INSURANCE CO.LTD., BRANCH OFFICE NO.3, SHANMUGHAM ROAD, ERNAKULAM, KOCHI-31, REPRESENTED BY BRANCH MANAGER 7. UNITED INDIA INSURANCE CO. LTD., REGIONAL OFFICE, SARANYA BUILDING, HOSPITAL ROAD, ERNAKULAM, REPRESENTED BY REGIONAL MANAGER. 8. UNITED INDIA INSURANCE CO. LTD., HEAD OFFICE, 24, WHITES ROAD, CHENNAI, REPRESENTED BY CHAIRMAN/MANAGING DIRECTOR. ADV. SRI.GEORGE CHERIAN (THIRUVALLA) FOR R2-5 SRI.E.K.NANDAKUMAR FOR R7 SRI.A.K.JAYASANKAR NAMBIAR FOR R7 SRI.K.JOHN MATHAI FOR R7 SRI.P.BENNY THOMAS FOR R7 SRI.P.GOPINATH FOR R7 THIS FIRST APPEAL FROM ORDERS HAVING BEEN FINALLY HEARD ON 08/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & M.L.JOSEPH FRANCIS, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - F.A.O.No.281 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 8th day of January 2010 JUDGMENT Basheer, J. Having heard learned counsel for the appellant and the respondents and having perused the order impugned in this appeal, we are of the view that the appellant can be granted an opportunity to adduce evidence in the matter especially since learned counsel submits that the appellant will be in a position to establish that the partners of the firm are also not in a position to raise the requisite money to pay the court fee. In the peculiar facts and circumstances of the case, we are satisfied that the above contention need not be repelled at the threshold itself. Therefore, the impugned order is set aside. The case is remitted to the court below for fresh consideration in accordance with law. Appeal is disposed of in the above terms. A.K.BASHEER, JUDGE M.L.JOSEPH FRANCIS, JUDGE jes