Rs Development And Construction ... vs Southern Railway
2023 Latest Caselaw 917 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                   THE HONOURABLE MR.JUSTICE C.S.DIAS
     TUESDAY, THE 17TH DAY OF JANUARY 2023 / 27TH POUSHA, 1944
                         OP(C) NO. 2600 OF 2022
 AOP 5/2022 OF PRINCIPAL SUB COURT / COMMERCIAL COURT, TRIVANDRUM
PETITIONER/S:

          RS DEVELOPMENT AND CONSTRUCTION INDIA PVT.LTD
          A REGISTERED COMPANY WITH CIN NO. U
          45400TN2008PTC068389 HAVING ITS REGISTERED OFFICE AT
          NO. 567, 17TH STREET, 4TH SECTOR, K.K. NAGAR, CHENNAI-
          600078 AND WORKING OFFICE AT NO.131/1, A.P.T. ROAD,
          ERODE-638 003, TAMIL NADU STATE REPRESENTED BY ITS
          AUTHORIZED SIGNATORY SRI S. SHANKAR, AGED 43 YEARS, S/O
          R. SUBRAMANIAN, DIRECTOR HAVING OFFICE AT
          NO.131/1,A.P.T.NO. 131/1,A.P.T. ROAD, ERODE, TAMIL
          NADU., PIN - 638003
          BY ADVS.
          AYSHA YOUSEFF
          MOLLY JACOB
          JOBI.A.THAMPI
          ASHIFA YOUSEFF
          M.KABANI DINESH
          FASHIYA YOUSEFF
          C.M.EBRAHIM
          SHOUKATH HUSAIN
          FATHIMA MAJEED


RESPONDENT/S:

    1     SOUTHERN RAILWAY
          REPRESENTED BY THE OFFICE OF THE DEPUTY CHIEF ENGINEER
          (CONSTRUCTION), THIRUVANANTHAPURAM, PIN - 695014
    2     THE GENERAL MANAGER, SOUTHERN RAILWAY
          HEADQUARTERS OFFICE, PARK TOWN, CHENNAI, PIN - 600003
    3     S.K. SHARMA
          RTD. AGM/SR,FLAT NO. A-402, OOSMAN EVEREST, METTIGUDA,
          SECUNDRABAD, HYDERABAD, TELANGANA
          (PRESIDING ARBITRATOR), PIN - 500017
    4     G.VENUGOPAL REDDY
          RETD. PCEE/SCR,C-404,TRENDSET RYTHEME,
          APARTMENTS, WHITE FIELD, KONDAPUR,
          HYDERABAD, PIN - 500084
          (CO-ARBITRATOR)
 OP(C) NO.2600 OF 2022             2




    5     A.SELVARAJ
          FA & CAG/MAS SITE NO. 354 A,PANAIMARATHUR ROAD,
          THELUNGUPALAYAM, COIMBATORE,(CO-ARBITRATOR), PIN -
          641039
           FOR R1 & 2 BY SRI.S. MANU, DY.SGI
     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 17.01.2023,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(C) NO.2600 OF 2022           3




                        JUDGMENT

The original petition is filed to direct the Commercial

Court, Thiruvananthapuram, to consider and dispose of

A.O.P. No.5/2022 within a time frame.

2. Pursuant to the order dated 06.01.2023 passed

by this Court, the learned Judge of the Commercial Court,

by communication dated 12.01.2023, has informed this

Court that the original petition is filed under Section 14

read with Section 11(6) of the Arbitration and Conciliation

Act, 1996. The respondents 1 and 2 have entered

appearance. Service of notice is yet to be completed on the

other respondents. The court below would take every

endeavour to dispose of the original petition after two

months from the date of appearance of all the parties.

3. Heard; Sri. Muhammed Youseff, the learned

Senior counsel appearing for the petitioner and Sri.S

Manu, the learned Deputy Solicitor General of India,

appearing for the respondents 1 and 2. Notice to the

respondents 3 to 5 have already been dispensed with.

In the light of the pleadings and materials on record

and after perusing the communication of the learned Judge

of the Commercial Court, in exercise of the supervisory

powers of this Court under Article 227 of the Constitution

of India, I direct the Commercial Court,

Thiruvananthapuram, to consider and dispose of

A.O.P.No.5/2022, as expeditiously as possible, at any rate

within a period of three months after the appearance of all

the respondents.

The original petition is ordered accordingly.

Sd/-

C.S.DIAS, JUDGE okb/17.1.2023 //True copy// P.S. to Judge

APPENDIX OF OP(C) 2600/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE ORIGINAL PETITION FILED IN A.O.P.NO.5/2022 ON THE FILE OF THE COMMERCIAL COURT, THIRUVANANTHAPURAM Exhibit P2 TRUE COPY OF THE PROCEEDINGS OF THE COMMERCIAL COURT, THIRUVANANTHAPURAM IN AOP NO.5/2022