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T.P. Varghese @ Varkey Proprietor, M/s.T.P. Constructions Trissur v/s Fast Line Builders & Developers Kerala Pvt. Later Name Changed as Fast Line Project pvt. Ltd., Kannur represented by its Managing Director P.V. Akhil & Others


Company & Directors' Information:- 'K' LINE (INDIA) PRIVATE LIMITED [Active] CIN = U74900MH2008PTC189715

Company & Directors' Information:- B R D DEVELOPERS AND BUILDERS LIMITED [Active] CIN = U45200KL2010PLC026202

Company & Directors' Information:- P V LINE PRIVATE LIMITED [Active] CIN = U32100KA2003PTC032767

Company & Directors' Information:- P K DEVELOPERS AND BUILDERS PRIVATE LIMITED [Active] CIN = U45400MH2012PTC232157

Company & Directors' Information:- U & V BUILDERS AND DEVELOPERS PRIVATE LIMITED [Active] CIN = U45400MH2008PTC179075

Company & Directors' Information:- S G R BUILDERS & DEVELOPERS PRIVATE LIMITED [Active] CIN = U45203KA2006PTC041232

Company & Directors' Information:- K V J BUILDERS AND DEVELOPERS PRIVATE LIMITED [Active] CIN = U45201KL2004PTC017544

Company & Directors' Information:- H. L. PROJECT DEVELOPERS PRIVATE LIMITED [Strike Off] CIN = U45209PN2011PTC139016

Company & Directors' Information:- J P H BUILDERS AND DEVELOPERS PVT LTD [Active] CIN = U74899DL2000PTC107272

Company & Directors' Information:- M V A BUILDERS AND DEVELOPERS PRIVATE LIMITED [Active] CIN = U45201DL2006PTC146826

Company & Directors' Information:- AKHIL CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45200MH2005PTC150665

Company & Directors' Information:- INDIA ON LINE PRIVATE LIMITED [Active] CIN = U67120DL1996PTC075161

Company & Directors' Information:- G S S BUILDERS AND DEVELOPERS PRIVATE LIMITED [Strike Off] CIN = U45201KA2007PTC041476

Company & Directors' Information:- B AND L PROJECT CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45400JK2015PTC004374

Company & Directors' Information:- S & Y BUILDERS AND DEVELOPERS PRIVATE LIMITED [Under Process of Striking Off] CIN = U70101AR2003PTC007265

Company & Directors' Information:- S P M BUILDERS AND DEVELOPERS PRIVATE LIMITED [Under Process of Striking Off] CIN = U70100UP2013PTC060914

Company & Directors' Information:- KANNUR BUILDERS AND DEVELOPERS PRIVATE LIMITED [Active] CIN = U45200KL2009PTC024055

Company & Directors' Information:- PROJECT BUILDERS PRIVATE LIMITED [Active] CIN = U45208WB1997PTC083906

Company & Directors' Information:- AKHIL INDIA PRIVATE LIMITED [Active] CIN = U51109JK2000PTC002046

Company & Directors' Information:- M R A BUILDERS AND DEVELOPERS PRIVATE LIMITED [Active] CIN = U45201DL2004PTC130492

Company & Directors' Information:- E-FAST PRIVATE LIMITED [Active] CIN = U63030KL2016PTC045972

Company & Directors' Information:- O. M. BUILDERS AND DEVELOPERS PVT. LTD. [Strike Off] CIN = U70101OR1993PTC003424

Company & Directors' Information:- V R K BUILDERS & DEVELOPERS PRIVATE LIMITED [Active] CIN = U70109DL2006PTC155736

Company & Directors' Information:- AKHIL BUILDERS PRIVATE LIMITED [Strike Off] CIN = U74899DL1988PTC032192

Company & Directors' Information:- J S BUILDERS AND DEVELOPERS PRIVATE LIMITED [Strike Off] CIN = U70101OR1995PTC004225

Company & Directors' Information:- AKHIL CORPORATION PRIVATE LIMITED [Under Process of Striking Off] CIN = U74900TG2015PTC098902

Company & Directors' Information:- I BUILDERS AND DEVELOPERS PRIVATE LIMITED [Active] CIN = U45200KL2011PTC028207

Company & Directors' Information:- TP DEVELOPERS PRIVATE LIMITED [Active] CIN = U70109BR2020PTC048171

Company & Directors' Information:- M AND T CONSTRUCTIONS AND DEVELOPERS PRIVATE LIMITED [Active] CIN = U45201KL2020PTC065432

Company & Directors' Information:- M R K DEVELOPERS AND BUILDERS PRIVATE LIMITED [Strike Off] CIN = U70102TG1996PTC025695

Company & Directors' Information:- G M S BUILDERS & DEVELOPERS PRIVATE LIMITED [Active] CIN = U45201DL2006PTC171482

Company & Directors' Information:- B. H. BUILDERS & DEVELOPERS PRIVATE LIMITED [Strike Off] CIN = U45200MP2010PTC025025

Company & Directors' Information:- A K BUILDERS AND DEVELOPERS PRIVATE LIMITED [Active] CIN = U45201MH2001PTC133088

Company & Directors' Information:- D R D BUILDERS & DEVELOPERS PRIVATE LIMITED [Converted to LLP and Dissolved] CIN = U45201RJ2013PTC041740

Company & Directors' Information:- S R DEVELOPERS AND BUILDERS PRIVATE LIMITED [Strike Off] CIN = U45400UP2011PTC046817

Company & Directors' Information:- FAST DEVELOPERS PRIVATE LIMITED [Amalgamated] CIN = U45400WB2009PTC138318

Company & Directors' Information:- FAST BUILDERS (INDIA) PRIVATE LIMITED [Strike Off] CIN = U45400PY1995PTC001094

Company & Directors' Information:- N M BUILDERS AND DEVELOPERS PRIVATE LIMITED [Strike Off] CIN = U01403PB2008PTC032237

Company & Directors' Information:- A J CONSTRUCTIONS AND BUILDERS PRIVATE LIMITED [Strike Off] CIN = U70100MH1980PTC022232

Company & Directors' Information:- S K C BUILDERS & DEVELOPERS PRIVATE LIMITED [Active] CIN = U70102UP2011PTC044141

Company & Directors' Information:- J K P BUILDERS AND DEVELOPERS PVT LTD [Strike Off] CIN = U45202PB2006PTC029781

Company & Directors' Information:- B B G BUILDERS AND DEVELOPERS PRIVATE LIMITED [Strike Off] CIN = U45201RJ1994PTC008024

Company & Directors' Information:- S S DEVELOPERS AND BUILDERS PRIVATE LIMITED [Strike Off] CIN = U45400TN2012PTC088330

Company & Directors' Information:- D V BUILDERS AND DEVELOPERS PRIVATE LIMITED [Active] CIN = U45200MH2005PTC150849

Company & Directors' Information:- A B BUILDERS AND DEVELOPERS PRIVATE LIMITED [Active] CIN = U45200MH2005PTC157525

Company & Directors' Information:- P AND J BUILDERS & DEVELOPERS PRIVATE LIMITED [Active] CIN = U74999MH2014PTC254689

Company & Directors' Information:- R. V. R. BUILDERS AND DEVELOPERS PRIVATE LIMITED [Strike Off] CIN = U45202MH2009PTC191473

Company & Directors' Information:- P & R DEVELOPERS & BUILDERS PRIVATE LIMITED [Converted to LLP and Dissolved] CIN = U70101TN2008PTC065944

Company & Directors' Information:- G S R BUILDERS & DEVELOPERS PRIVATE LIMITED [Active] CIN = U45400UP2012PTC051644

Company & Directors' Information:- G R S BUILDERS AND DEVELOPERS PRIVATE LIMITED [Active] CIN = U74899DL1996PTC077107

Company & Directors' Information:- Q-LINE DEVELOPERS PRIVATE LIMITED [Active] CIN = U70200UP2018PTC108216

Company & Directors' Information:- H R S S BUILDERS AND DEVELOPERS PRIVATE LIMITED [Strike Off] CIN = U45200TG2005PTC048295

Company & Directors' Information:- R C J CONSTRUCTIONS AND DEVELOPERS PRIVATE LIMITED [Strike Off] CIN = U45203TG2007PTC053139

    OP(C).No. 1445 of 2013

    Decided On, 12 April 2013

    At, High Court of Kerala

    By, THE HONOURABLE MR. JUSTICE THOMAS P. JOSEPH

    For the Petitioner: K.A. Manzoor Ali, Biju C. Abraham, Advocates. For the Respondents: R2 & R3, V.A. Muhammed, SC, Kannur University.



Judgment Text

1. Notice was issued to the 1st respondent/plaintiff through special messenger. The special messenger has submitted a report that as per order, notice was attempted to be served on the 1st respondent. But, when he was contacted over telephone, it was directed that notice be served at his residence. The special messenger thereupon went to the residence of the 1st respondent. There, when his mother was contacted and requested to receive the notice she, after contacting the 1st respondent over telephone refused to accept the notice. Since notice was attempted to be served on the mother staying with the 1st respondent and that was refused, there is sufficient service on the 1st respondent. Respondents 2 and 3 appear through Standing Counsel.

2. Petitioner is a third party to the proceeding before learned Principal Sub Judge,Thalassery and has challenged Ext.P3, order dated 26.03.2013 on I.A. No. 925 of 2013 in O.S. No. 329 of 2012.

3. First respondent filed that suit against respondents 2 and 3 for a decree for prohibitory injunction and to restrain respondents 2 and 3 from allotting construction of the university building to anybody else. According to the 1st respondent, he being the highest bidder, his bid should have been accepted. But, without accepting that bid, respondents 2 and 3 attempted to allot the work to the petitioner, who according to the 1st respondent is the 2nd lowest tenderer and does not possess the required qualification.

4. 1st respondent filed I.A. No. 2974 of 2012 for an order of temporary injunction in the above line. Learned Principal Sub Sub Judge, Thalassery, as the learned counsel submitted granted ex parte, ad interim order of injunction against respondents 2 and 3 as above stated. Later, purportedly, to enforce the said order of injunction, the 1st respondent filed I.A No. 925 of 2013 requesting that construction of building may be stopped with the assistance of the SHO, Kannur. That application was allowed by Ext.P3, order.

5. Learned counsel for petitioner contends that notwithstanding that 1st respondent was aware that the construction work is going to be allotted to the petitioner, he was not made a party in the suit, in the application for injunction or even in I.A. No. 925 of 2013. Learned counsel submits that petitioner has already started construction of the building. It is submitted that the work was handed over to the petitioner (by the respondents 2 and 3) on 29.05.2012 and as directed by the respondents 2 and 3 as per Ext.R2, notice, petitioner has executed Ext.P1, agreement in favour of respondents 2 and 3 on 08.10.2012. It is also submitted that learned Sub Judge passed the ex parte, ad interim order of injunction on 08.10.2012. Since Ext.P3, order affects the interest of petitioner who is not a party to the proceeding, that order cannot be sustained and it is liable to be questioned and interfered with under Article 227 of the Constitution of India, it is argued.

6. Learned Standing Counsel for respondents 2 and 3 contends that the order of injunction against respondents 2 and 3 is not legal and proper. It is also submitted that the work is already allotted to the petitioner.

7. I am not, in this proceeding on the question whether learned Sub Judge is justified in granting an ex parte, interim order of injunction. I am at the question whether Ext.P3, order could have been passed to affect the interest of petitioner who is not a party to the proceeding.

8. A reading of Ext.P3, order would show that even in the plaint and the application for temporary injunction the 1st respondent has stated that respondents 2 and 3 are attempting to entrust the work to the petitioner. Still petitioner was not made a party in the suit or application for injunction or, even in I.A. No.925 of 2013 on which Ext.P3, order is passed. The documents produced by petitioner and respondents 2 and 3 prima facie support the contention petitioner has raised about his starting construction of the building.

9. It is held time and again that no order of injunction could be passed to affect a person who is not a party to the proceeding. In L.D. Meston School Society v. Kashi Nath (AIR (38) 1951 Alahabad 558) it is held that where a person against whom the order of injunction is to operate who is not made a party, injunction cannot be issued. In Balakrishnan Nair v. Mohammed Kunju - 1964 KLT 12, it is held that the court ought not to issue an order or injunction against one, who is not a party to the proceeding before it.

10. Ext.P3, order directs the SHO, Kannur to give necessary police aid to stop construction work (being carried onby the petitioner). Needless to say that Ext.P3, order affects interest of petitioner who was not given notice of any of the proceedings before the learned Sub Judge.

11. May be that petitioner could have challenged the order of injunction by way of appeal seeking leave of the appellate court. In Manoj Kumar v. Guruvayoor Devaswom (2011(2) KLT 1022) this Court has held that when the order of injunction is per se illegal, it can be challenged in a proceeding under Article 227 of the Constitution of India by any affected person who is not made a party to the suit, without recourse to the remedy by way of appeal. I am inclined to think that petitioner is entitled to challenge Ext.P3, order under Article 227 of the Constitution of India.

12. I make it clear that I have not expressed any opinion on the contentions respondents have raised in the suit and the application for injunction. I also make it clear that I am concerned in this proceeding only with Ext.P3, order

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insofar as itaffected the interest of the petitioner who is not a party to the suit or the applications. Resultantly, this original petition is allowed as under: 1. Ext.P3 order dated 26.03.2013 on I.A No. 925 of 2013 in O.S. No. 329 of 2012 of the Principal Sub Court, Thalassery is set aside. 2. I.A. No. 925 of 2013 will stand dismissed. 3. It is made clear that this judgment will not stand in the way of the 1st respondent impleading petitioner as a party to the suit or other pending applications as the case may be and seeking appropriate relief, temporary or otherwise in the matter.
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