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2024 Supreme(Ker) 717

ANIL K. NARENDRAN, HARISANKAR V. MENON
Y. Sleebachen, S/O. Yohannan, Charuvila Veedu – Appellant
Versus
State Of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Appellant : ADVS. M/S.C.S.MANILAL, S.NIDHEESH
For the Respondent: SPECIAL GOVERNMENT PLEADER (IRRIGATION)

ORDER :

Anil K. Narendran, J.

These Commercial Appeals are filed by the plaintiff in Commercial Suit Nos.27 to 30 of 2023 on the file of the Commercial Court (Principal Sub Court), Palakkad, invoking the provisions under sub-section (1A) of Section 13 of the Commercial Courts Act, 2015, read with its proviso. The suits against the respondents herein-defendants, for recovery of money, declaration and perpetual prohibitory injunction, were originally filed before the Principal Sub Court, Palakkad, which were numbered as O.S.Nos.738, 752, 753 and 778 of 2010. By the order in I.A.No.484 of 2013 joint trial was ordered, treating O.S.No.738 of 2010 as the leading case. Thereafter, by the order in I.A.No.1230 of 2023, those suits were converted as Commercial Suits and numbered as C.S.Nos.27 to 30 of 2023.

2. By a common judgment dated 25.08.2023 of the Commercial Court, C.S.Nos.27 of 2023 and 30 of 2023 were decreed and C.S.No.29 of 2023 and 28 of 2023 were decreed in part. The operative portion of the common judgment dated 25.08.2023 reads thus;

    “In the result:-

1) C.S. No.27 of 2023 is decreed.

a) The 1st defendant shall pay an amount of Rs.24,70,654/- with interest at the rate of 6% per annu

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