Deepa Narayan vs Hindustan Petroleum ...
2023 Latest Caselaw 2945 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                  THE HONOURABLE MR.JUSTICE C.S.DIAS

       MONDAY, THE 13TH DAY OF MARCH 2023 / 22ND PHALGUNA, 1944

                         OP(C) NO. 573 OF 2023

     TO CONSIDER AND DISPOSE OF IA 1538/2018 IN OS 78/2015 OF THE

                      COMMERCIAL COURT, ERNAKULAM

PETITIONER/S:

           1. DEEPA NARAYAN, W/O LATE T.V.NARAYANAN, D/O.J.L BHATIA,
           BUSINESS, AGED 52 YEARS, FROM SANKARALAYAM, THOTTEKKATT
           ROAD, ERNAKULAM, PIN 682 011 AND ALSO HAVING ADDRESS AT
           NO.10 GALAXY APARTMENTS, B.J ROAD, BANDRA WEST, MUMBAI 400
           050


           2. SUDHA KUMAR, D/OLATE T.N VIJAYARAGHAVAN, AND W/O.T.N
           KUMAR, AGED 58 YEARS, FROM SANKARALAYAM, THOTTEKKATT ROAD,
           ERNAKULAM, PIN 682 011 AND ALSO HAVING ADDRESS AT 004,
           LIBERO APARTMENTS, SEENAPA LAYOUT, RMV LAYOUT 2ND STAGE,
           NEW BEL ROAD, BANGALORE 560 094

           3. ROOPA SRINIVAS, D/O.LATE T.N VIJAYARAGHAVAN, AND
           W/O.SRINIVAS CHIDAMBARAM, AGED 50 YEARS, FROM
           SANKARALAYAM, THOTTEKKATT ROAD, ERNAKULAM, PIN 682 011 AND
           ALSO HAVING ADDRESS AT S-283 UPPER GROUND FLOOR, GREATER
           KAILASH-2, NEW DELHI - 110 048
           BY ADV SRI.DILIP J. AKKARA


RESPONDENT/S:

           1. HINDUSTAN PETROLEOUS CORPORATION LTD, PETROLEUM HOUSE,
           NO.17, JAMSHEDJI TATA ROAD, MUMBAI 400 020, ALSO HAVING
           REGIONAL OFFICE AT TATAPURAM P.O, ERNAKULAM, ERNAKULAM
           VILLAGE, KANAYANNUR TALUK, PIN 682 014 REPRESENTED BY ITS
           MANAGING DIRETOR

           2. THE SENIOR REGIONAL MANAGER,HINDUSTAN PETROLEOUS
           CORPORATION LTD, TATAPURAM P.O, ERNAKULAM, ERNAKULAM
           VILLAGE, KANAYANNUR TALUK, PIN 682 014

           3.KUNNATHHU PARAMBIL SALES AND SERVICES, REPRESENTED BY
           K.S. AUGUSTINE & K.S. BENEDICT SERAPHINE (EXP LIC
           NO.P/SC/KL/14/1036 (P-18 2978) OPP MAHARAJAS COLLEGE
           GROUND, (NORTH OF KRISHNA HOSPITAL BUILDING) MG ROAD,
           ERNAKULAM, ERNAKULAM VILLAGE, KANAYANNUR TALUK 682 011.
           BY ADV SRI.G.UNNIKRISHNAN

     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 13.03.2023, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                              2
OP(C) No.573 of 2023


                        C.S DIAS,J.
                     ---------------------------
                 OP(C) No.573 of 2023
                    -----------------------------
          Dated this the 13th day of March, 2023.

                       JUDGMENT

The original petition is filed to direct the Commercial

Court, Ernakulam, to consider and dispose of IA

No.1538/2018 (Ext P3) in OS No.78/2015 within a

reasonable time period.

2. Pursuant to the order dated 6.3.2023 passed by

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

communication dated 9.3.2023, has informed this Court

that Ext P3 application is filed by the plaintiff with a

prayer to refer the question of law in the additional issue

raised to this Court under Sec.113 read with Order 46

Rule 1 of the Code of Civil Procedure. The application

was posted to 6.12.2022 and has been adjourned from

time to time. The trial in the suit has not commenced.

The application is pending consideration. The court

below requires eight months' time to dispose of the suit.

OP(C) No.573 of 2023

3. Heard; Sri.P.B Krishnan, the learned counsel

appearing for the petitioners and Sri.M.Gopikrishnan

Nambiar, the learned counsel appearing for the

respondents.

4. 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

Ernakulam, to consider and dispose of Ext P3 application,

in accordance with law and as expeditiously as possible,

at any rate within a period of three weeks from the date of

receipt of a certified copy of the judgment.

The original petition is ordered accordingly.

SD/-

sks/13.3.2023 C.S.DIAS, JUDGE

OP(C) No.573 of 2023

APPENDIX OF OP(C) 573/2023

PETITIONER EXHIBITS EXT.P1: PHOTOCOPY OF PLAINT DATED 16.3.2015 IN CS 45/2020 (EARLIER NO.78/2015) BEFORE THE PRINCIPAL SUB COURT, ERNAKULAM EXT.P2: PHOTOCOPY OF THE WRITTEN STATEMENT DATED 5.4.2016 IN OS 78/2015 BEFORE THE PRINCIPAL SUB COURT, ERNAKULAM

EXT P3: TRUE PHOTOSTAT COPY OF THE APPLICATION DATED 6.4.2018 FILED AS IA 1538/2018 IN OS 78/2015 BEFORE THE PRINCIPAL SUB COURT, ERNAKULAM

EXT P4- TRUE PHOTOSTAT COPY OF THE COUNTER AFFIDAVIT DATED 5.6.2018 FILED BY THE RESPONDENTS IN IA 1538/2018