M/S. Oceanic Fisheries India Ltd vs M/S. Hima Sea Food Exports
2023 Latest Caselaw 4184 Ker

OP(C) NO. 751 OF 2023                1

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                   THE HONOURABLE MR.JUSTICE C.S.DIAS
     FRIDAY, THE 31ST DAY OF MARCH 2023 / 10TH CHAITHRA, 1945
                         OP(C) NO. 751 OF 2023
 AOP 18/2021 OF PRINCIPAL SUB COURT / COMMERCIAL COURT, ERNAKULAM
PETITIONER/S:

          M/S. OCEANIC FISHERIES INDIA LTD,
          SHAKTHIKULANGARA, KOLLAM, REPRESENTED BY
          SRI.JAMESON,AGED 46 YEARS PETER, RESIDING AT HOUSE NO.
          19, VRINDAVAN COLONY, COCHIN, PIN - 682019
          BY ADVS.
          A.T.ANILKUMAR
          V.SHYLAJA


RESPONDENT/S:

          M/S. HIMA SEA FOOD EXPORTS
          ISIDOROS, SHAKTHIKULANGARA, KOLLAM, REPRESENTED BY ITS
          PROPRIETOR SRI JITH PHILLIP, RESIDING AT
          SHAKTHIKULANGARA, KOLLAM, PIN - 691581
     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 31.03.2023,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(C) NO. 751 OF 2023           2



                         JUDGMENT

The original petition is filed to direct the Commercial

Court, Ernakulam, to consider and dispose of AOP

No.18/2021 expeditiously.

2. Pursuant to the order dated 24.03.2023 passed

by this Court, the learned Commercial Judge, Ernakulam,

by communication dated 24.03.2023, has informed this

Court that AOP No.18/2021 was originally filed as O.P(Arb)

No.305/2018 before the Court of the District Judge,

Ernakulam. After the establishment of Commercial Courts,

the same was transferred and re-numbered as AOP

No.18/2021. The original petition has been included in the

list of June for hearing. The court below requires four

months' time to dispose of the original petition.

3. Heard; Sri.A.T.Anilkumar, the learned counsel

appearing for the petitioner and Smt. Latha Anand, the

learned counsel appearing for the respondent.

4. In the light of the pleadings and materials on

record and after perusing the communication of the

learned Judge of the Commercial Court, and taking into

account that the original petition was filed as early as in

the year 2018, I am of the view that the original petition is

to be directed to be disposed of expeditiously.

Resultantly, 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 AOP No.18/2021, in accordance with law and as

expeditiously as possible, at any rate, on or before

30.06.2023.

The original petition is ordered accordingly.

Sd/-

C.S.DIAS, JUDGE okb/31.3.23 //True copy// P.S. to Judge

APPENDIX OF OP(C) 751/2023

PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE ARBITRATION ORIGINAL PETITION FILED BY THE RESPONDENT HEREIN BEFORE THE SUB COURT ERNAKULAM,DATED 18/12/2018 Exhibit P2 THE TRUE COPY OF THE WRITTEN OBJECTION FILED BY THE PETITIONER,DATED 26/8/2020.