AJIMS M.M Vs. RAFEEK V. A

JUDGEMENT

(1.) The appellant, who filed an interlocutory application to implead himself as additional 5th respondent in W.P.(C)No.13402 of 2025, filed this intra-court appeal under Sec. 5(i) of the Kerala High Court Act, 1958, challenging the interim order dtd. 11/8/2025 passed by the learned Single Judge in I.A.No.4 of 2025 filed by respondents 1 and 2 - writ petitioners.

(2.) Going by the averments in the writ petition, the 1st respondent is the partner of the 2nd respondent partnership firm constituted by the 1st respondent and the 6th respondent. The 6th respondent retired from the firm with effect from 11/3/2024, and hence the 6th respondent no longer holds any rights or relation with the firm and he has consented to execute the re-constitution deed and release deed. Since the 6th respondent revealed his unwillingness to honour the commitments and he threatened to trespass into the property of the 2nd respondent firm and disrupt the function of the firm, respondents 1 and 2 have filed M.A. (Arbitration) No.1 of 2024 before the Commercial Court, Perumbavoor and the court was pleased to pass an order restraining the 6th respondent from trespassing in to the premises of the 2ndrespondent firm. The 6th respondent was the managing partner of the 2nd respondent firm, and all licenses were applied and issued in his name, but as he retired, he has no connection with the 2nd respondent firm. But now, he is misusing the same to cause ill will to respondents 1 and 2. The 1st respondent submitted Ext.P7 application to the 4th respondent and requested to transfer the panchayath license of the 2nd respondent firm to the 1st respondent's name, which is in the name of the 6th respondent. But the application was rejected. Hence, respondents 1 and 2 filed W.P.(C)No.13402 of 2025 under Article 226 of the Constitution of India, seeking the following reliefs:

(3.) Heard the learned counsel of the appellant, the learned counsel for the respondents 1 and 2 - writ petitioners, the learned Senior Government Pleader for respondents 3 and 4, the learned Standing Counsel for the 5th respondent Grama Panchayat and the learned counsel for the 6th respondent.