O.S. No.717/2023

Case between Cable T V Operators Association (COA) et al vs Anilal Govindan et al regarding rejection of plaint under Order VII Rule 11 of CPC

Court

COURT OF MUNSIFF, ERNAKULAM

Judge

Smt. Needi.K.Dinamany

Order Date

2025-02-19

Duration

Judgement document from eCourt website

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Case Summary

The case involves a petition filed by various defendants seeking rejection of the plaint for lack of jurisdiction. The plaintiffs are cable operators contesting the legality of a circular affecting their operational agreements.

Judgment Outcome

Defendant Won

Interim Order

The court allowed the petition for rejection of the plaint, concluding that the matter was barred by jurisdiction. The plaintiffs were found to have not established the court's jurisdiction over the subject matter of the suit.

Judgment Favored

Defendant

Relief Granted

Case Type

Civil Suit

Final Judgment

Key Reasoning:
The suit was declared as being barred by jurisdiction and thus was dismissed.

Judgment Evidence:

In the result, 1) Petition is allowed. The plaint is rejected under Order 7 Rule 11 (d).

Parties Involved

Plaintiffs

Cable T V Operators Association (COA) (Age not specified years) COA Bhavan, G-21, Panamppilly Nagar, Ernakulam, Kerala- 682036 Kerala Communicators Cable Ltd. (48 years) COA Bhavan, 1st Floor, 142-H1A, Thoundayil Road, Panampilly Nagar, Kochi, Kerala- 682036 Kerala Vision Broadband Ltd. (48 years) 1st Floor, 2/72A, Uzhaloor Temple Road, South Thoravu, Puthukkad, Thrissur, Kerala- 680301 K Govindan (66 years) COA Bhavan, 1st Floor, 142-H1A, Thoundayil Road, Panampilly Nagar, Kochi, Kerala- 682036

Defendants

Anilal Govindan (49 years) Thenguvila Tharayil, Kallelibhagam Village, Vengara Muri, Thodiyoor North P O, Karunagappally Taluk, Kollam District, Pin-690523 Sajeev Kumar C (51 years) Kumar Bhavanam, Karunagappally Village, (Padanayarkulangara) Pada North Muri, Karunagappally Taluk, Kollam District, Pin-690518 Vimal Prasad Jain (49 years) Chakkuvila Melathil, Poruvazhi Village, Edakkad Muri, Kunnathoor Taluk, Kollam District, Pin-691552 Rajesh Kumar (48 years) Kannel Kizhakkethil, Ayanivelikulangara Village, Pada South Muri, Karunagappally, Kollam District, Pin-690518 Rajan Samuel (62 years) Mavilazhikathu Veedu, Pavumba Village, Pavumba South Muri, Pavumba South P O, Karunagappally Taluk, Kollam District, Pin-690574

Reliefs

Relief Type: Other

Outcome: Granted

Description:

The plaint is rejected under Order 7 Rule 11 (d) for want of jurisdiction.

Evidence:

In the result, Petition is allowed. The plaint is rejected under Order 7 Rule 11 (d).

Documents & Evidence

Document Type: Distribution Service Agreement

Submitted By: Plaintiff

Relevance:

Produced as part of plaint, shows agreement between the 1st and 3rd defendants to resolve disputes through TDSAT.

Reference:

Document No.4