CHANDROTH PONNAMBATH HARIFA Vs. MAKKADA PREETHI

JUDGEMENT

(1.) This Original Petition has been filed against the order in I.A.4317/2014 in O.S.810/2010 dated 3.6.2015 of Additional Sub Court, Kozhikode which was filed under section 10 of the Code Of Civil procedure, 1908 (hereinafter called as 'the Code') to stay the proceedings in that suit.

(2.) Petitioner is the sole defendant in the above Suit and the Suit has been filed by the respondent/plaintiff for a direction to pay Rs.1,60,000/- towards the licence fee, and for a mandatory injunction to vacate from the plaint schedule property. According to the petitioner, she is not liable to pay the licence fee as alleged. Before the filing of O.S.810/2010, in the year 2009 the petitioner/defendant had filed O.S.1191/2009 before the Munsiff Court, Kozhikode. She executed a licence agreement on 15.3.2008 for a period of two years with the respondent and thereafter they shifted their machineries of manufacturing disposable plates and tumblers and they were waiting for obtaining the raw materials for starting the business. The agreed licence fee was Rs.7000/- per month and it was paid upto August 2008 but no receipt was issued. Towards security of the licence agreement, Rs.50,000/- was received from the petitioner by the respondent. Petitioner had to meet an expense of Rs.18 Lakhs for starting the venture and for arranging the amount she had to mortgage the machineries with Lord Krishna Bank and the liability is still subsisting. The machineries are very valuable and have to be protected from heat and sun.

(3.) The plaint was subsequently returned and represented before the II Additional Sub Court, Kozhikode and it was re-numbered as O.S.603/2011 and copy of that plaint is produced as Ext-P1. After making appearance in the above Suit, the respondent filed O.S.810/2010 before the Sub Court, Kozhikode and the petitioner herein filed written statement denying the plaint averments and with a specific contention that the Suit has to be stayed under Sec.10 in view of the previous Suit filed by the petitioner. By the impugned order the learned Sub Judge dismissed that petition. Aggrieved by the same, this Original Petition has been filed.