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2025 DAILYLAW 7668 (KER)

GREEN WORTH CONSULTING, 11017 v. HINDUSTAN NEWSPRINT LTD.

RFA/175/2022 · 2025-03-25

Sathish Ninan, Shoba Annamma Eapen

Civil Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:KER:27963 1 R.F.A.Nos.2 of 2011 & 175 of 2022 & CMCP NO.44 OF 2022 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE SATHISH NINAN & THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN TUESDAY, THE 25TH DAY OF MARCH 2025 / 4TH CHAITHRA, 1947 RFA NO. 2 OF 2011 AGAINST THE DECREE AND JUDGMENT DATED 05.07.2010 IN OS NO.462 OF 2003 OF PRINCIPAL SUB COURT, KOTTAYAM APPELLANT/1ST DEFENDANT: FAST AND SAFE TRANSPORTS PVT. LTD. AGED 1 YEARS VEEKAY TOWER, T.A.B.ROAD, ERNAKULAM,, KOCHI-682 018, REPRESENTED BY ITS MANAGING, DIRECTOR M.A.NAZER. BY ADVS. SRI.K.C.KIRAN SMT.P.A.SHEEJA RESPONDENTS / PLAINTIFF & DEFENDANTS 2 TO 4: 1 HINDUSTAN NEWS PRINT LTD., REP.BY ITS MANAGING DIRECTOR SRI. N.P.PRABHU,, H.N.L.TOWNSHIP, NEWS PRINT NAGAR-686 616,, KOTTAYAM DISTRICT, KERALA STATE, INDIA. 2 GREEN WORTH MARKETING PVT.LTD. 1000/28, MAHIMA, 1ST FLOOR, MULLACKAL LANE,, K.P.VALLON ROAD, KADAVANTHARA, KOCHI-682 020,, REPRESENTED BY ITS CHAIRMAN M.C.SUJIL BOSE. 2025:KER:27963 2 R.F.A.Nos.2 of 2011 & 175 of 2022 & CMCP NO.44 OF 2022 3 GREEN WORTH CONSULTING 11017, BECONTREE LAKE DRIVE, SUIT NO.309,, RESTON, VA 20190, U.S.A., REPRESENTED BY ITS, CHAIRMAN VIJIL BOSE M.C. 4 KERRY J.LEE CERTIFIED MARINE SURVEYOR'S ASSOCIATION,, 1550, WASHINGTON, BOULEVARD, FREMOUNT,, C.A. 94539, U.S.A. 5 KERALA PAPER PRODUCTS LTD. NEWSPRINT NAGAR P.O., KOTTAYAM, KERALA-686616, REPRESENTED BY ITS SPECIAL OFFICER, IS IMPLEADED AS ADDITIONAL 5TH RESPONDENT, VIDE ORDER DATED 06/11/2024 IN IA 1/2024 IN RFA 2/2011. BY ADVS. AMAL KASHA T.B.HOOD M.ISHA THIS REGULAR FIRST APPEAL HAVING COME UP FOR HEARING ON 25.03.2025, ALONG WITH RFA.175/2022, 44/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:27963 3 R.F.A.Nos.2 of 2011 & 175 of 2022 & CMCP NO.44 OF 2022 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE SATHISH NINAN & THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN TUESDAY, THE 25TH DAY OF MARCH 2025 / 4TH CHAITHRA, 1947 RFA NO. 175 OF 2022 AGAINST THE DECREE AND JUDGMENT IN CMCP NO.44 OF 2022 OF HIGH COURT OF KERALA ARISING OUT OF THE DECREE AND JUDGMENT DATED 05/07/2010 IN OS NO.462 OF 2003 OF PRINCIPAL SUB COURT, KOTTAYAM APPELLANT/3RD DEFENDANT: GREEN WORTH CONSULTING, 11017 BECONTREE LAKE DRIVE, SUIT NO.309, RESTON, V.A.20190, USA, REPRESENTED BY ITS CHAIRMAN VIGIL BOSE, M.C. OF GREEN WORTH CONSULTING, REPRESENTED BY HIS POWER OF ATTORNEY HOLDER M.CHANDRABOSE BY ADV M.NARENDRA KUMAR RESPONDENTS / PLAINTIFF AND DEFENDANTS 1,2 AND 4: 1 HINDUSTAN NEWSPRINT LTD. REPRESENTED BY ITS MANAGING DIRECTOR, SHRI.N.P.PRABHU, HINDU, AGED 51 YEARS, RESIDING AT HNL TOWNSHIP, NEWSPRINT NAGAR - 686 616, KOTTAYAM DISTRICT, KERALA STATE, INDIA. 2 FAST AND SAFE TRANSPORTS PVT. LTD. VEEKAY TOWER, T A B ROAD, ERNAKULAM, KOCHI-682 018 REPRESENTED BY ITS MANAGING DIRECTOR M.A.NAZER OF FAST AND SAFE TRANSPORTS PVT. LTD. 2025:KER:27963 4 R.F.A.Nos.2 of 2011 & 175 of 2022 & CMCP NO.44 OF 2022 3 GREEN WORTH MARKETING PVT. LTD. 1000/28, MAHIMA, 1ST FLOOR, MULLACKAL LANE, K.P.VALLON ROAD, KADAVANTHRA, KOCHI-682 020, REP BY ITS CHAIRMAN, M.C.SUJIL BOSE OF GREEN WORTH MARKETING PVT. LTD. 4 KERRY J. LEE CERTIFIED MARINE SURVEYOR'S ASSOCIATION, 1550, WASHINGTON BOULEVARD, FREMOUNT, CA 94539, USA. 5 KERALA PAPER PRODUCTS LTD., ( SOUGHT TO BE IMPLEADED ) NEWSPRINT NAGAR P.O., KOTTAYAM, KERALA – 686616 REPRESENTED BY ITS SPECIAL OFFICER, IS IMPLEADED AS ADDITIONAL 5TH RESPONDENT IN IA 1/2025 BY ADV T.B.HOOD THIS REGULAR FIRST APPEAL HAVING COME UP FOR HEARING ON 25.03.2025, ALONG WITH RFA.2/2011 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:27963 5 R.F.A.Nos.2 of 2011 & 175 of 2022 & CMCP NO.44 OF 2022 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE SATHISH NINAN & THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN TUESDAY, THE 25TH DAY OF MARCH 2025 / 4TH CHAITHRA, 1947 CMCP NO. 44 OF 2022 OS NO.462 OF 2003 OF PRINCIPAL SUB COURT, KOTTAYAM PETITIONER/APPELLANT: GREEN WORTH CONSULTING BECONTREE LAKE DRIVE, SUIT NO.309, RESTON, V.A.20190, USA, REPRESENTED BY ITS CHAIRMAN VIGIL BOSE, M.C. OF GREEN WORTH CONSULTING, REPRESENTED BY HIS POWER OF ATTORNEY HOLDER M.CHANDRABOSE BY ADV M.NARENDRA KUMAR RESPONDENT/1ST RESPONDENT: 1 HINDUSTAN NEWSPRINT LTD. REPRESENTED BY ITS MANAGING DIRECTOR SHRI.N.P.PRABHU, HINDU, AGED 51 YEARS, RESIDING AT HNL TOWNSHIP, NEWSPRINT NAGAR - 686 616 KOTTAYAM DISTRICT, KERALA STATE, INDIA. 2 FAST AND SAFE TRANSPORTS PVT. LTD VEEKAY TOWER, T A B ROAD, ERNAKULAM, KOCHI-682 018 REPRESENTED BY ITS MANAGING DIRECTOR M.A.NAZER OF FAST AND SAFE TRANSPORTS PVT. LTD. 3 GREEN WORTH MARKETING PVT. LTD 1000/28, MAHIMA, 1ST FLOOR, MULLACKAL LANE, K.P.VALLON ROAD, KADAVANTHRA, KOCHI-682 020, REP BY ITS CHAIRMAN, M.C.SUJIL BOSE OF GREEN WORTH MARKETING PVT. LTD. 2025:KER:27963 6 R.F.A.Nos.2 of 2011 & 175 of 2022 & CMCP NO.44 OF 2022 4 KERRY J. LEE CERTIFIED MARINE SURVEYOR'S ASSOCIATION, 1550, WASHINGTON BOULEVARD, FREMOUNT, CA 94539, USA. BY ADV S.SREEDEV THIS CIVIL MISC. CASE(PAUPER) HAVING COME UP FOR HEARING ON 25.03.2025, ALONG WITH RFA.2/2011 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:27963 7 R.F.A.Nos.2 of 2011 & 175 of 2022 & CMCP NO.44 OF 2022 Sathish Ninan, & Shoba Annamma Eapen, JJ. ============================== R.F.A.Nos.2 of 2011 & 175 of 2022 & CMCP NO. 44 OF 2022 ===================================== Dated this the 25th day of March, 2025 JUDGMENT Sathish Ninan, J. The learned counsel for the appellants reports no instructions from the party. The Regular First Appeals along with CMCP are dismissed for non-prosecution. Sd/- Sathish Ninan, Judge Sd/- Shoba Annamma Eapen, Judge rsr