Kerala High Court
Sanil Kumar vs Saijumon on 23 August, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
WEDNESDAY, THE 23RD DAY OF AUGUST 2023 / 1ST BHADRA, 1945
OP(C) NO. 1146 OF 2023
AGAINST THE ORDER/JUDGMENT in CMA(Arb) 576/2021 OF PRINCIPAL
SUB COURT / COMMERCIAL COURT, ERNAKULAM
PETITIONER:
SANIL KUMAR, AGED 30 YEARS, S/O. SAILAN, MALAYATTIL
NIKARTHIL, PANAVALLY VILLAGE, PANAVALLY P.O.,
CHERTHALA TALUK, ALAPPUZHA DISTRICT, PIN - 688526
BY ADVS.V.N.SANKARJEE
V.N.MADHUSUDANAN
R.UDAYA JYOTHI
M.M.VINOD
M.SUSEELA
KEERTHI B. CHANDRAN
VIJAYAN PILLAI P.K.
C.PURUSHOTHAMAN NAIR
RESPONDENTS:
1 SAIJUMON, AGED 40 YEARS, S/O. VIJAYAN, VIJAYA BHAVANAM,
PANAVALLY VILLAGE, PANAVALLY P.O., CHERTHALA TALUK,
ALAPPUZHA DISTRICT, (MANAGING PARTNER, S.S.
CONSTRUCTIONS, C.C. 37/483A-1, ELAMKULAM TEMPLE
ROAD, KADAVANTHRA P.O., KOCHI-680 020)., PIN - 688526
2 SUNNY JOSEPH, AGED 56 YEARS, FATHER'S NAME NOT
KNOWN TO THE PETITIONER, CHARTERED ACCOUNTANT,
M/S. SUNNY JOSEPH ASSOCIATES, PONNURUNNI,
KANAYANNUR TALUK, ERNAKULAM DISTRICT, PIN - 682019
BY ADV C.A.RAJEEV
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 23.08.2023,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(C) NO. 1146 OF 2023
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JUDGMENT
Dated this the 23rd day of August 2023
The original petition is filed to direct the Commercial
Court, Ernakulam to consider and dispose of
CMA(Arb)Nos.576/2021 and 573/2022, expeditiously.
2. Pursuant to the order dated 10.8.2023 passed by
this Court, the Commercial Court, Ernakulam has
informed this Court that the above CMAs are listed to
21.8.2023. The respondents have entered appearance in
both the cases. The court below requires four months'
time to dispose of the CMAs.
3. Heard; Sri.V.N.Sankarjee, the learned counsel for
the petitioner and Sri.C.A.Rajeev, the learned counsel
appearing for the respondents.
4. Having considered the pleadings and materials on
record and after perusing the communication of the
learned Commercial Judge, in exercise of the supervisory
OP(C) NO. 1146 OF 2023
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powers of this Court under Article 227 of the Constitution
of India, I am inclined to allow the original petition.
Resultantly, I order the original petition as follows:
The Commercial Court, Ernakulam is directed to
consider and dispose of CMA(Arb)Nos.576/2021 and
573/2022, in accordance with law and as expeditiously as
possible, at any rate, within a period of four months from
the date of receipt of a certified copy of this
judgment,after affording the parties an opportunity of
being heard.
Sd/-
C.S.DIAS
JUDGE
jes
OP(C) NO. 1146 OF 2023
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APPENDIX OF OP(C) 1146/2023
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF C.M.A. (ARB) NO. 576/2021 DATED 22.10.2021 PENDING
BEFORE THE COMMERCIAL COURT, ERNAKULAM
Exhibit P2 TRUE COPY OF OBJECTION DATED 25.1.2022 IN C.M.A. (ARB) NO.
576/2021 PENDING BEFORE THE COMMERCIAL COURT, ERNAKULAM
Exhibit P3 TRUE COPY OF I.A. 1/2021 DATED 22.10.2021 IN C.M.A. (ARB) NO.
576/2021 PENDING BEFORE THE COMMERCIAL COURT, ERNAKULAM
Exhibit P4 TRUE COPY OF I.A. NO. 2/2021 DATED 22.10.2021 IN C.M.A. (ARB) NO.
576/2021 PENDING BEFORE THE COMMERCIAL COURT, ERNAKULAM
Exhibit P5 TRUE COPY OF COMMISSION REPORT DATED 22.11.2021 IN C.M.A. (ARB)
NO. 576/2021 ON THE FILE OF THE COMMERCIAL COURT, ERNAKULAM
Exhibit P6 TRUE COPY OF O.P.(ARB) NO. 34/2021 DATED 8.11.2021 BEFORE THE
DISTRICT COURT, ALAPPUZHA
Exhibit P7 TRUE COPY OF THE JUDGMENT DATED 10.6.2022 IN COML.A. NO. 1/2022
OF THIS HONOURABLE COURT
Exhibit P8 TRUE COPY OF WRITTEN STATEMENT DATED 29.10.2022 IN C.M.A.(ARB)
NO. 573/2022 ON THE FILE OF THE COMMERCIAL COURT, ERNAKULAM
Exhibit P9 TRUE COPY OF I.A. NO. 3/2023 DATED 9.1.2023 IN C.M.A. (ARB) 576/2021
ON THE FILE OF THE COMMERCIAL COURT, ERNAKULAM
Exhibit P10 TRUE COPY OF THE REPORT DATED 4.2.2023 IN I.A. NO. 3/2023 IN C.M.A.
(ARB) 576/2021
Exhibit P11 TRUE COPY OF THE REVIEW PETITION DATED 17.1.2023 FILED ON
18.1.2023 IN EXHIBIT P1
