CAPP INTERNATIONAL PVT LIMITED Vs. SIDCO
LAWS(KER)-2003-1-60
HIGH COURT OF KERALA
Decided on January 13,2003

CAPP INTERNATIONAL PVT LIMITED Appellant
VERSUS
SIDCO Respondents

JUDGEMENT

Radhakrishnan, J. - (1.) This appeal arises out of the order in I.A.No.3701 of 1990 in O.S.No.861 of 1989 on the file of the Principal Subordinate Judge s Court, Thiruvananthapuram.
(2.) The Kerala State Industrial Development Corporation Limited (in short SIDCO ) was arrayed as first defendant in O.S.No.861 of 1989 which was a suit filed by M/s.Capp International Private Limited, for a declaration that the contract evidenced by Ext.B4 was duly discharged by performance and no part of the contract subsisted and also for a declaration that the first defendant was not entitled to make any claim against the plaintiff under the said contract by way of damages or loss or otherwise and also for a decree directing the first defendant and or the second defendant to pay the plaintiff bank guarantee of Rs.3.5 lakhs appropriated by the first defendant with interest.
(3.) Suit was instituted on 3.11.1989 and was posted to 17.1.1990 for the appearance of the defendants. On 17.1.1990 defendants entered appearance and asked for time and the court adjourned the case to 1.4.1990 for written statement. Since 1.4.1990 was a holiday the case automatically stood adjourned to 2.4.1990. On 2.4.1990 on the side of the defendant time was sought for and the court adjourned the case to 4.8.1990 for written statement. The case was not called on 4.8.1990 and was adjourned to 7.8.1990. Again it was adjourned to 4.10.1990 for filing written statement.;


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