Kerala High Court
M/S. Ekk Infrastructure Ltd vs State Of Kerala on 8 November, 2024
O.P.(C).Nos.2094,2099,
2100 and 2101 of 2024 1
2024:KER:83487
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
FRIDAY, THE 8TH DAY OF NOVEMBER 2024 / 17TH KARTHIKA, 1946
OP(C) NO. 2101 OF 2024
AGAINST THE ORDER/JUDGMENT DATED IN OPARB NO.96 OF
2021 OF ASSISTANT SESSIONS COURT/PRINCIPAL SUB COURT /
COMMERCIAL COURT, THIRUVANANTHAPURAM
PETITIONERS/PETITIONERS:
1 M/S. EKK INFRASTRUCTURE LTD.
2ND FLOOR, MUNICIPAL BUILDING, A.M. ROAD,
PERUMBAVOOR, ERNAKULAM-683 542, REP. BY ITS
MANAGING DIRECTOR, MR. SANJU MOHAMMED, ENJAKUDI
HOUSE, OKKAL P.O. PERUMBAVOOR , ERNAKULAM DISTICT,
PIN - 683550
2 M/S. EKK & CO.
A REGISTERED PARTNERSHIP NO.1733/2007, SECOND
FLOOR, MUNICIPAL BUILDING, A.M. ROAD, PERUMBAVOOR,
ERNAKULAM-683 542, REP. BY ITS MANAGING PARTNER,
MR. SANJU MOHAMMED ENJAKUDI HOUSE, OKKAL P.O.
PERUMBAVOOR , ERNAKULAM DISTICT, PIN - 683550
BY ADVS.
K.BABU THOMAS
MARYKUTTY BABU
DRISYA DILEEP
RESPONDENTS/RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT, PUBLIC
WORKS DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM,
PIN - 695001
2 THE PROJECT DIRECTOR
O.P.(C).Nos.2094,2099,
2100 and 2101 of 2024 2
2024:KER:83487
KERALA STATE TRANSPORT PROJECT KSTP, PROJECT
MANAGEMENT TEAM, T.C. 11/339, SREE BALA BUILDING,
KESTON ROAD, KOWDIAR P.O., THIRUVANANTHAPURAM, PIN
- 695003
BY ADV B.ASHOK KUMAR
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
08.11.2024, ALONG WITH OP(C).2094/2024, 2099/2024 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
O.P.(C).Nos.2094,2099,
2100 and 2101 of 2024 3
2024:KER:83487
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
FRIDAY, THE 8TH DAY OF NOVEMBER 2024 / 17TH KARTHIKA, 1946
OP(C) NO. 2094 OF 2024
AGAINST THE ORDER/JUDGMENT DATED IN OPARB NO.97 OF
2021 OF ASSISTANT SESSIONS COURT/PRINCIPAL SUB COURT /
COMMERCIAL COURT, THIRUVANANTHAPURAM
PETITIONERS/PETITIONERS:
1 M/S. EKK & CO
AGED 42 YEARS
A REGISTERED PARTNERSHIP NO.1733/2007, SECOND
FLOOR, MUNICIPAL BUILDING, A.M. ROAD, PERUMBAVOOR,
ERNAKULAM-683 542, REP. BY ITS MANAGING PARTNER,
MR. SANJU MOHAMMED ENJAKUDI HOUSE, OKKAL P.O.
PERUMBAVOOR , ERNAKULAM DISTICT, PIN - 683550
2 M/S. EKK INFRASTRUCTURE LTD.
AGED 42 YEARS
2ND FLOOR, MUNICIPAL BUILDING, A.M. ROAD,
PERUMBAVOOR, ERNAKULAM-683 542, REP. BY ITS
MANAGING DIRECTOR, MR. SANJU MOHAMMED, ENJAKUDI
HOUSE, OKKAL P.O. PERUMBAVOOR , ERNAKULAM DISTICT,
PIN - 683550
BY ADVS.
K.BABU THOMAS
MARYKUTTY BABU
DRISYA DILEEP
RESPONDENTS/RESPONDENTS:
1 STATE OF KERALA
O.P.(C).Nos.2094,2099,
2100 and 2101 of 2024 4
2024:KER:83487
REPRESENTED BY THE SECRETARY TO GOVERNMENT, PUBLIC
WORKS DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM,
PIN - 695001
2 THE PROJECT DIRECTOR
KERALA STATE TRANSPORT PROJECT , KSTP, PROJECT
MANAGEMENT TEAM, T.C. 11/339, SREE BALA BUILDING,
KESTON ROAD, KOWDIAR P.O., THIRUVANANTHAPURAM, PIN
- 695003
BY ADV B.ASHOK KUMAR
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
08.11.2024, ALONG WITH OP(C).2101/2024 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P.(C).Nos.2094,2099,
2100 and 2101 of 2024 5
2024:KER:83487
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
FRIDAY, THE 8TH DAY OF NOVEMBER 2024 / 17TH KARTHIKA, 1946
OP(C) NO. 2099 OF 2024
AGAINST THE ORDER/JUDGMENT DATED IN OPARB NO.1 OF 2022
OF ASSISTANT SESSIONS COURT/PRINCIPAL SUB COURT / COMMERCIAL
COURT, THIRUVANANTHAPURAM
PETITIONERS/PETITIONERS:
1 M/S. EKK & CO.
AGED 42 YEARS
A REGISTERED PARTNERSHIP NO.1733/2007, SECOND
FLOOR, MUNICIPAL BUILDING, A.M. ROAD, PERUMBAVOOR,
ERNAKULAM-683 542, REP. BY ITS MANAGING PARTNER,
MR. SANJU MOHAMMED ENJAKUDI HOUSE, OKKAL P.O.
PERUMBAVOOR , ERNAKULAM DISTRICT, PIN - 683550
2 M/S. EKK INFRASTRUCTURE LTD.
AGED 42 YEARS
2ND FLOOR, MUNICIPAL BUILDING, A.M. ROAD,
PERUMBAVOOR, ERNAKULAM-683 542, REP. BY ITS
MANAGING DIRECTOR, MR. SANJU MOHAMMED, ENJAKUDI
HOUSE, OKKAL P.O. PERUMBAVOOR , ERNAKULAM DISTICT,
PIN - 683550
BY ADVS.
K.BABU THOMAS
MARYKUTTY BABU
DRISYA DILEEP
RESPONDENTS/RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT, PUBLIC
WORKS DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM,
O.P.(C).Nos.2094,2099,
2100 and 2101 of 2024 6
2024:KER:83487
PIN - 695001
2 THE PROJECT DIRECTOR
KERALA STATE TRANSPORT PROJECT KSTP, PROJECT
MANAGEMENT TEAM, T.C. 11/339, SREE BALA BUILDING,
KESTON ROAD, KOWDIAR P.O., THIRUVANANTHAPURAM, PIN
- 695003
BY ADV B.ASHOK KUMAR
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
08.11.2024, ALONG WITH OP(C).2101/2024 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P.(C).Nos.2094,2099,
2100 and 2101 of 2024 7
2024:KER:83487
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
FRIDAY, THE 8TH DAY OF NOVEMBER 2024 / 17TH KARTHIKA, 1946
OP(C) NO. 2100 OF 2024
AGAINST THE ORDER/JUDGMENT DATED IN OPARB NO.99 OF
2021 OF ASSISTANT SESSIONS COURT/PRINCIPAL SUB COURT /
COMMERCIAL COURT, THIRUVANANTHAPURAM
PETITIONERS/RESPONDENTS:
1 M/S. EKK & CO.
AGED 42 YEARS
A REGISTERED PARTNERSHIP NO.1733/2007, SECOND
FLOOR, MUNICIPAL BUILDING, A.M. ROAD, PERUMBAVOOR,
ERNAKULAM-683 542, REP. BY ITS MANAGING PARTNER,
MR. SANJU MOHAMMED ENJAKUDI HOUSE, OKKAL P.O.
PERUMBAVOOR , ERNAKULAM DISTRICT, PIN - 683550
2 M/S. EKK INFRASTRUCTURE LTD.
AGED 42 YEARS
2ND FLOOR, MUNICIPAL BUILDING, A.M. ROAD,
PERUMBAVOOR, ERNAKULAM-683 542, REP. BY ITS
MANAGING DIRECTOR, MR. SANJU MOHAMMED, ENJAKUDI
HOUSE, OKKAL P.O. PERUMBAVOOR , ERNAKULAM
DISTRICT., PIN - 683550
BY ADVS.
K.BABU THOMAS
MARYKUTTY BABU
DRISYA DILEEP
RESPONDENTS/RESPONDENTS:
1 STATE OF KERALA
O.P.(C).Nos.2094,2099,
2100 and 2101 of 2024 8
2024:KER:83487
REPRESENTED BY THE SECRETARY TO GOVERNMENT, PUBLIC
WORKS DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM,
PIN - 695001
2 THE PROJECT DIRECTOR
KERALA STATE TRANSPORT PROJECT KSTP, PROJECT
MANAGEMENT TEAM, T.C. 11/339, SREE BALA BUILDING,
KESTON ROAD, KOWDIAR P.O., THIRUVANANTHAPURAM, PIN
- 695003
BY ADV B.ASHOK KUMAR
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
08.11.2024, ALONG WITH OP(C).2101/2024 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P.(C).Nos.2094,2099,
2100 and 2101 of 2024 9
2024:KER:83487
VIJU ABRAHAM, J.
--------------------
O.P.(C).Nos.2094,2099,2100 and 2101 of 2024
----------------------------------------------
Dated this the 8th day of November, 2024
JUDGMENT
The petitioners have approached this Court seeking expeditious disposal of OP (Arbn.) Nos.97/2021, 96/2021, 99/2021 and 1 of 2022 pending before the Commercial Court (Principal Sub Court), Thiruvananthapuram.
2. A report was called for from the trial court concerned regarding the present stage of the cases, wherein it is reported that the matters are posted to 18.12.2024 for consideration. The trial court has sought for at least 4 months time for disposal of the cases.
Taking into consideration the above facts and circumstances, and after hearing the learned counsel for the petitioners, the learned counsel appearing for the 2nd respondent and the learned Government Pleader, I am inclined to dispose of the above original petitions with a direction to the O.P.(C).Nos.2094,2099, 2100 and 2101 of 2024 10 2024:KER:83487 Commercial Court (Sub Court), Thiruvananthapuram to expedite the hearing of OP(Arb.) Nos. 97/2021, 96/2021, 99/2021 and 1 of 2022 and dispose of the same without any delay, at any rate, within an outer limit of four months from the next posting date.
Sd/-
VIJU ABRAHAM,JUDGE pm O.P.(C).Nos.2094,2099, 2100 and 2101 of 2024 11 2024:KER:83487 APPENDIX OF OP(C) 2094/2024 PETITIONERS' EXHIBITS Exhibit P1 TRUE COPY OF THE AWARD PASSED BY THE ARBITRAL TRIBUNAL DATED 9-7-2021 Exhibit P2 TRUE COPY OF O.P. (ARBN) NO.97 OF 2021 FILED BY THE PETITIONERS ON 20-12-2021 BEFORE THE COMMERCIAL COURT, THIRUVANANTHAPURAM DATED 17-12-2021 Exhibit P3 TRUE COPY OF THE CASE STATUS DOWNLOADED FROM THE E-COURT WEB SITE IN RESPECT OF O.P. (ARBN) NO.97 OF 2021 DATED 7-9-2024 O.P.(C).Nos.2094,2099, 2100 and 2101 of 2024 12 2024:KER:83487 APPENDIX OF OP(C) 2099/2024 PETITIONERS' EXHIBITS Exhibit P1 TRUE COPY OF AWARD PASSED BY THE ARBITRAL TRIBUNAL DATED 9-7-2021 Exhibit P2 TRUE COPY OF APPLICATION FOR PASSING AN ADDITIONAL AWARD DATED 6-8-2021 Exhibit P3 TRUE COPY OF ADDITIONAL AWARD PASSED BY THE TECHNICAL MEMBER IN THE TRIBUNAL DATED 30-9-2021 Exhibit P4 TRUE COPY OF O.P. (ARBN) NO.1 OF 2022 FILED BY THE PETITIONERS DATED 7-1-2022 Exhibit P5 TRUE COPY OF CASE STATUS DOWNLOADED FROM THE E-COURT WEB SITE IN RESPECT OF O.P. (ARBN) NO.1 OF 2022 DATED 13-9-2024 O.P.(C).Nos.2094,2099, 2100 and 2101 of 2024 13 2024:KER:83487 APPENDIX OF OP(C) 2100/2024 PETITIONERS' EXHIBITS Exhibit P1 TRUE COPY OF AWARD IN A.R.C. NO.1 OF 2018 PASSED BY THE ARBITRAL TRIBUNAL DATED 9-7-2021 Exhibit P2 TRUE COPY OF COMMON ORDER PASSED IN I.A. NOS.1, 2, 4, 5 AND 6 OF 2020 AND 1 OF 2021 IN A.R.C. NO.1 OF 2018 DATED 9-7- 2021 Exhibit P3 TRUE COPY OF O.P. (ARBN) NO.99 OF 2021 FILED BY THE PETITIONERS BEFORE THE COMMERCIAL COURT, THIRUVANANTHAPURAM DATED 17-12-2021 Exhibit P4 TRUE COPY OF CASE STATUS DOWNLOADED FROM THE E-COURT WEB SITE IN RESPECT OF O.P. (ARBN) NO.99 OF 2021 DATED 13-9-2024 O.P.(C).Nos.2094,2099, 2100 and 2101 of 2024 14 2024:KER:83487 APPENDIX OF OP(C) 2101/2024 PETITIONERS' EXHIBITS Exhibit P1 TRUE COPY OF THE AWARD PASSED BY THE ARBITRAL TRIBUNAL DATED 9-7-2021 Exhibit P2 TRUE COPY OF O.P. (ARBN) NO.96 OF 2021 FILED BY THE RESPONDENTS BEFORE THE COMMERCIAL COURT, THIRUVANANTHAPURAM DATED 13-12-2021 Exhibit P3 TRUE COPY OF COUNTER AFFIDAVIT FILED BY THE PETITIONER IN EXHIBIT P2 DATED 7-2- 2023 Exhibit P4 TRUE COPY OF THE CASE STATUS DOWNLOADED FROM THE E-COURT WEB SITE IN RESPECT OF O.P. (ARBN) NO.96 OF 2021 DATED 13-9- 2024