M/S. Triton Technologies India ... vs M/S. Priyadarshini Co-Operative ...
2023 Latest Caselaw 258 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                 THE HONOURABLE MR.JUSTICE C.S.DIAS
       FRIDAY, THE 6TH DAY OF JANUARY 2023 / 16TH POUSHA, 1944
                       OP(C) NO. 2467 OF 2022
   AGAINST THE ORDER/JUDGMENT EP 191/2021 OF PRINCIPAL SUB COURT /
                     COMMERCIAL COURT, KOTTAYAM
PETITIONER/DECREE HOLDER:

           M/S. TRITON TECHNOLOGIES INDIA PVT. LTD.
           HAVING ITS ADDRESS AT 35/1774, JYOTHI,
           RESERVE BANK LANE, SOUTH JANATHA ROAD,
           PALARIVATTOM PO, KOCHI, PIN - 682025
           REPRESENTED BY ITS MANAGING DIRECTOR

           BY ADVS.
           SREELAL N.WARRIER
           ANJANA P.
           POOJA SUNIL
           NANDA SURENDRAN
           JINU TREESA JOSE


RESPONDENT/JUDGMENT DEBTOR:

           M/S. PRIYADARSHINI CO-OPERATIVE SPINNING MILLS LTD.
           HAVING ITS ADDRESS AT MEENADOM PO,
           KOTTAYAM - 686516
           REPRESENTED BY ITS MANAGING DIRECTOR


     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 06.01.2023, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(C) NO. 2467 OF 2022
                                  2

                           JUDGMENT

The Original Petition is filed to direct the Court of the

Principal Subordinate Judge, Kottayam to consider and dispose

of E.P.191/2021 within a time frame.

Pursuant to the order dated 21.12.2022 passed by this

Court, the learned Subordinate judge, by communication

dated 04.01.2023, has informed this Court that the execution

petition was filed to execute an arbitration award. Pursuant to

the order passed by the District Court, Kottayam, dated

12.12.2022, the E.P. was transferred to the District Court,

Kottayam. Therefore, the court below is not in a position to

dispose of the said execution petition as sought for. The said

communication is recorded.

In the result, without prejudice to the right of the

petitioner to work out its remedies in accordance with law, the

original petition is dismissed.

Sd/-

C.S.DIAS JUDGE nak OP(C) NO. 2467 OF 2022

APPENDIX OF OP(C) 2467/2022

PETITIONER ANNEXURES

Exhibit P1 TRUE COPY OF THE EXECUTION PETITION

Exhibit P2 TRUE COPY OF EA 1 OF 2021

Exhibit P3 TRUE COPY OF EA 2 OF 2021

Exhibit P4 TRUE COPY STATEMENT FILED BY RESPONDENT