Kerala High Court
A.N. Gunashenoy & Sons ... vs M/S Prism Johnson Ltd, A Company ... on 13 March, 2023
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. 558 OF 2023
IN CS 116/2021 OF PRINCIPAL SUB COURT/ COMMERCIAL COURT, KOLLAM
PETITIONERS:
1 A.N. GUNASHENOY & SONS, REPRESENTED BY ITS MANAGING
PARTNER, RAJESH.R. SHENOY
AGED 49 YEARS
A PARTNERSHIP FIRM, REGISTERED UNDER THE INDIAN
PARTNERSHIP ACT REPRESENTED BY ITS MANAGING PARTNER,
RAJESH.R. SHENOY, AGED 49 YEARS, PARTNER, A.N GUNA
SHENOY & SONS, LEKSHMI NADA, KOLLAM, PIN - 690103
2 RAJESH.R. SHENOY,
AGED 49 YEARS
PARTNER, A.N GUNA SHENOY & SONS,
LEKSHMI NADA, KOLLAM, PIN - 691013
3 A.D. GOPAL SHENOY,
AGED 73 YEARS,
PARTNER, A.N GUNA SHENOY AND SONS,
LEKSHMI NADA, KOLLAM.,
PIN - 691013
4 A.D RATNAKAR SHENOY
AGED 70 YEARS
PARTNER, A.N GUNA SHENOY AND SONS,
LEKSHMI NADA, KOLLAM., PIN - 691013
5 AJAY.G. SHENOY
AGED 43 YEARS
PARTNER, A.N GUNA SHENOY AND SONS,
LEKSHMI NADA, KOLLAM., PIN - 691013
BY ADVS. MANSOOR ALI
BIJITH S.KHAN
M.RIYAZ
RESPONDENT:
O.P.(C) No.558/2023
:2:
M/S PRISM JOHNSON LTD,
A COMPANY REGISTERED UNDER INDIAN COMPANIES ACT 1956,
REPRESENTED BY SUMESH.S
S/O SUDHARMAN,
AGED 36 YEARS, ASSISTANT MANAGER (ACCOUNTS) WHO IS AN
AUTHORIZED OFFICE OF THE PLAINTIFF COMPANY HAVING
CORPORATE OFFICE AT "WIND 800" 7TH FLOOR,
CST ROAD, KALINA, SANTA CRUZ EAST,
MUMBAI 98 AND BRANCH OFFICE AT SREEDHANYA,
SASTHAMANGALAM, THIRUVANANTHAPURAM.,
PIN - 695010
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
13.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P.(C) No.558/2023
:3:
Dated this the 13th day of March, 2023
JUDGMENT
The original petition is filed to direct the
Commercial Court, Kollam, to consider and dispose of
R.P.No.334/2022 in C.S.No.116/2021 within a
reasonable time period.
2. Pursuant to the order dated 03.03.2023
passed by this Court, the learned Principal Subordinate
Judge, by communication dated 07.03.2023, has
informed this Court that R.P.No.334/2022 is filed to set
aside the ex-parte decree along with I.A.No.1/2023 to
condone the delay. The respondent has filed his
objections to the above application. The application
stands posted for hearing. The court below requires
two months' time to dispose of R.P.No.334/2022 .
3. Heard; Sri. Mansoor Ali, the learned counsel
appearing for the petitioners and Sri. Sabu C.K., the
learned counsel appearing for the respondent.
O.P.(C) No.558/2023
In the light of the pleadings and materials on
record and after perusing the communication of the
learned Subordinate Judge, in exercise of the
supervisory powers of this Court under Article 227 of
the Constitution of India, I direct the Commercial
Court, Kollam, to consider and dispose of
R.P.No.334/2022 in C.S.No.116/2021, as expeditiously
as possible and in accordance with law, at any rate,
within a period of three weeks from today. Until such
time orders are passed on R.P.No.334/2022, further
proceedings in E.P.No.80/2022 shall be kept in
abeyance.
The original petition is ordered accordingly.
Sd/-
C.S.DIAS,JUDGE
DST/13.03.2023 //True copy/
P.A.To Judge
O.P.(C) No.558/2023
APPENDIX
PETITIONER EXHIBITS:
EXHIBIT P1 THE CERTIFIED COPY OF THE JUDGMENT IN CS
116/ 2021 OF COMMERCIAL COURT, KOLLAM DATED
07.04.2022
EXHIBIT P2 THE CERTIFIED COPY OF MEMORANDUM IN EA
202/2022 IN E.P 80/2022 IN CS 116/2021 OF
COMMERCIAL COURT, KOLLAM 5.08.2022
EXHIBIT P3 THE CERTIFIED COPY OF THE MEMORANDUM OF RP
334/2022 IN C.S 116/2021 FILED BEFORE THE
COMMERCIAL COURT, KOLLAM DATED 07.10.2022
EXHIBIT P4 THE CERTIFIED COPY OF THE ORDER IN EA
202/2022 IN E.P 80/2022 IN CS 116/2021 OF
COMMERCIAL COURT, KOLLAM, DATED 02.02.2023
RESPONDENTS' EXHIBITS: NIL
