Sun Pharmaceutical Industries ... vs Kerala Medical Services ...
2022 Latest Caselaw 2656 Ker

                    IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                    PRESENT
                       THE HONOURABLE MR.JUSTICE V.G.ARUN
            Friday, the 11th day of March 2022 / 20th Phalguna, 1943

                     IA.NO.1/2022 IN OP(C) NO. 1028 OF 2021

C.S. 159/2020 OF THE PRINCIPAL SUB JUDGE, ERNAKULAM (COMMERCIAL COURT).

  PETITIONER/ PETITIONERR:

       SUN PHARMACEUTICAL INDUSTRIES LTD SPARC, THANDALJA, VADODARA,
       GUJRAT-390012, REPRESENTED BY POWER OF ATTORNEY HOLDER MR. K.
       CHANDRAMOHANAN NAIR, S/O. G. KESAVA PILLAI, AGED 66 YEARS, RESIDING
       AT SREESHAILAM, PAZHAVEEDU P.O, ALAPPUZHA-688 009.




  RESPONDENTS/ RESPONDENTS:

     1. KERALA MEDICAL SERVICES CORPORATION THYCAUD P.O,
        THIRUVANANTHAPURAM-695 014, REPRESENTED BY ITS MANAGING DIRECTOR.
     2. KERALA MEDICAL SERVICES CORPORATION LTD. DISTRICT DRUG WAREHOUSE,
        UDYOG MANDAL, NEAR ST. JOSEPH HOSPITAL, MANJUMMEL, ELOOR, ELOOR P.O,
        ELOOR VILLAGE, ERNAKULAM-683 501




         Application praying that in the circumstances in the affidavit
   filed therewith the High Court be pleased to enlarge the time for
   disposal of C.S No.159/2020 on the file of the Commercial Court,
   Ernakulam by a further period of three months.



       This Application coming on for orders upon perusing the application
  and the affidavit filed in support thereof, this court's judgment dated
  21/06/20211 in O.P (C) and upon hearing the arguments
  of M/S P.CHANDRASEKHAR, K.K.MOHAMED RAVUF, SATHEESH V.T, RANI MADHU &
  MANJARI G.B and of the STANDING COUNSEL for the Respondents (B/O), the court
  passed the following:




                                                                       [pto]
                  V.G.ARUN, J.
       ========================
              I.A.No.1 of 2022 in
           O.P(C). No.1028 OF 2021
       ========================
      Dated this the 11th day of March, 2022

                       ORDER

By judgment dated 21.06.2021, the original petition

was disposed of, directing the Principal Sub Judge

(Commercial Court) Ernakulam to take earnest efforts to

dispose C.S.No.159 of 2020 within an outer limit of nine

months.

2. This application is filed seeking extension of time

limit by a further period of three months. It is stated that

C.S.No.159 of 2020 is posted along with connected

C.S.No.56 of 2020, and the matters have been referred to

mediation by the Commercial Court Judge.

3. Learned Counsel for the petitioner submits that

mediation is in progress and some more time is required

for finalising the terms. Learned Counsel for the

respondents submits that in the connected suit, an I.A.No. 1 of 2022 in OP(C)No.1028 of 2021

application seeking extension of time has been filed.

Being so, the request for extension is well founded.

Accordingly, the interlocutory application is allowed and

the time stipulated in the judgment dated 21.06.2021 is

extended by a further period of three months from today.

Sd/-

V.G.ARUN JUDGE

NB/11-3

11-03-2022 /True Copy/ Assistant Registrar