M/S. Agarwal And Co vs M/S. Agarwal And Co
2021 Latest Caselaw 7660 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT

          THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR

 THURSDAY, THE 04TH DAY OF MARCH 2021 / 13TH PHALGUNA, 1942

                    OP(C).No.215 OF 2021

     OP(Arb) 768/2017 OF PRINCIPAL SUB COURT,ERNAKULAM

PETITIONER/RESPONDENT:

            M/S. AGARWAL AND CO.
            857, DASTUR MEHAR ROAD, CAMP, PUNE-411 001,
            REPRESENTED BY SATHISH NAIR, PROJECT MANAGER.

            BY ADVS.
            SRI.C.D.DILEEP
            SMT.SHYLAJA VARGHESE

RESPONDENTS/PETITIONERS:

      1     THE CHIEF ENGINEER (NW)
            MILITARY ENGINEER SERVICES, NAVAL BASE,
            P.O.KOCHI, PIN-682 004.

      2     THE ENGINEER IN CHIEF,
            DIRECTORATE OF CONTRACT MANAGEMENT, INTEGRATED
            HQ OF MOD(ARMY), KASHMIR HOUSE, RAJAJI MARG, NEW
            DELHI-110 011.

      3     UNION OF INDIA,
            REPRESENTED THROUGH CONTRACT MANAGEMENT SECTION,
            MILITARY ENGINEER SERVICES, DIRECTORATE OF
            CONTRACT MANAGEMENT, INTEGRATED HQ OF MOD
            (ARMY), KASHMIR HOUSE, RAJAJI MARG, NEW DELHI-
            110 011.

            R1-3 BY SRI.K.R.RAJKUMAR, C.G.C.
            R1-3 BY SRI.P.K.RAMKUMAR, CGC

     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
04.03.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 O.P.(C)No.215 of 2021

                                  :-2-:

             Dated this the 4th day of March, 2021


                           J U D G M E N T

The petitioner in this original petition is the

sole respondent in Arbitration O.P.No.768/2017

pending on the file of Principal Sub Court,

Ernakulam. After this original petition was filed,

the proceedings was re-numbered in the court below

as O.P.No.80/2020. The petitioner seeks a direction

to be issued to the court below to take up the

original petition as early as possible and dispose

it of within a period of three months.

2 A report was called for from the court

below and in the report dated 27.01.2021, it is

pointed out that the Principal Sub Judge is on

commuted leave and the matter could be taken up and

disposed of within a period of three months.

In the result, this original petition is O.P.(C)No.215 of 2021

:-3-:

allowed directing the learned Judge to take up the

matter and dispose of O.P.No.80/2020 within a

period of three months from the date of receipt of

certified copy of this judgment.

All pending interlocutory applications are

closed.

Sd/-

T.V.ANILKUMAR JUDGE ami/ O.P.(C)No.215 of 2021

:-4-:

APPENDIX

PETITIONER'S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE JUDGMENT DATED 24.10.2016 IN AR NO.43/2015 OF THE HON'BLE HIGH COURT.

EXHIBIT P2 A TRUE COPY OF THE ARBITRATION OP NO.768/2017.

EXHIBIT P3 A TRUE COPY OF THE ORDER DATED 16.07.2020 OF THE 1ST ADDITIONAL DISTRICT COURT, ERNAKULAM IN ARBITRATION OP NO.768/2017.

EXHIBIT P4 A TRUE COPY OF THE CASE STATUS OF OP(ARB) 768/2017 DOWNLOADED FROM THE WEBSITE.