Kerala High Court
M/S. Ekk Infrastructure Ltd vs State Of Kerala on 8 November, 2024
O.P.(C).Nos.2094,2099,
2100 and 2101 of 2024 1
2024:KER:83487
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
FRIDAY, THE 8TH DAY OF NOVEMBER 2024 / 17TH KARTHIKA, 1946
OP(C) NO. 2101 OF 2024
AGAINST THE ORDER/JUDGMENT DATED IN OPARB NO.96 OF
2021 OF ASSISTANT SESSIONS COURT/PRINCIPAL SUB COURT /
COMMERCIAL COURT, THIRUVANANTHAPURAM
PETITIONERS/PETITIONERS:
1 M/S. EKK INFRASTRUCTURE LTD.
2ND FLOOR, MUNICIPAL BUILDING, A.M. ROAD,
PERUMBAVOOR, ERNAKULAM-683 542, REP. BY ITS
MANAGING DIRECTOR, MR. SANJU MOHAMMED, ENJAKUDI
HOUSE, OKKAL P.O. PERUMBAVOOR , ERNAKULAM DISTICT,
PIN - 683550
2 M/S. EKK & CO.
A REGISTERED PARTNERSHIP NO.1733/2007, SECOND
FLOOR, MUNICIPAL BUILDING, A.M. ROAD, PERUMBAVOOR,
ERNAKULAM-683 542, REP. BY ITS MANAGING PARTNER,
MR. SANJU MOHAMMED ENJAKUDI HOUSE, OKKAL P.O.
PERUMBAVOOR , ERNAKULAM DISTICT, PIN - 683550
BY ADVS.
K.BABU THOMAS
MARYKUTTY BABU
DRISYA DILEEP
RESPONDENTS/RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT, PUBLIC
WORKS DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM,
PIN - 695001
2 THE PROJECT DIRECTOR
O.P.(C).Nos.2094,2099,
2100 and 2101 of 2024 2
2024:KER:83487
KERALA STATE TRANSPORT PROJECT KSTP, PROJECT
MANAGEMENT TEAM, T.C. 11/339, SREE BALA BUILDING,
KESTON ROAD, KOWDIAR P.O., THIRUVANANTHAPURAM, PIN
- 695003
BY ADV B.ASHOK KUMAR
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
08.11.2024, ALONG WITH OP(C).2094/2024, 2099/2024 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
O.P.(C).Nos.2094,2099,
2100 and 2101 of 2024 3
2024:KER:83487
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
FRIDAY, THE 8TH DAY OF NOVEMBER 2024 / 17TH KARTHIKA, 1946
OP(C) NO. 2094 OF 2024
AGAINST THE ORDER/JUDGMENT DATED IN OPARB NO.97 OF
2021 OF ASSISTANT SESSIONS COURT/PRINCIPAL SUB COURT /
COMMERCIAL COURT, THIRUVANANTHAPURAM
PETITIONERS/PETITIONERS:
1 M/S. EKK & CO
AGED 42 YEARS
A REGISTERED PARTNERSHIP NO.1733/2007, SECOND
FLOOR, MUNICIPAL BUILDING, A.M. ROAD, PERUMBAVOOR,
ERNAKULAM-683 542, REP. BY ITS MANAGING PARTNER,
MR. SANJU MOHAMMED ENJAKUDI HOUSE, OKKAL P.O.
PERUMBAVOOR , ERNAKULAM DISTICT, PIN - 683550
2 M/S. EKK INFRASTRUCTURE LTD.
AGED 42 YEARS
2ND FLOOR, MUNICIPAL BUILDING, A.M. ROAD,
PERUMBAVOOR, ERNAKULAM-683 542, REP. BY ITS
MANAGING DIRECTOR, MR. SANJU MOHAMMED, ENJAKUDI
HOUSE, OKKAL P.O. PERUMBAVOOR , ERNAKULAM DISTICT,
PIN - 683550
BY ADVS.
K.BABU THOMAS
MARYKUTTY BABU
DRISYA DILEEP
RESPONDENTS/RESPONDENTS:
1 STATE OF KERALA
O.P.(C).Nos.2094,2099,
2100 and 2101 of 2024 4
2024:KER:83487
REPRESENTED BY THE SECRETARY TO GOVERNMENT, PUBLIC
WORKS DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM,
PIN - 695001
2 THE PROJECT DIRECTOR
KERALA STATE TRANSPORT PROJECT , KSTP, PROJECT
MANAGEMENT TEAM, T.C. 11/339, SREE BALA BUILDING,
KESTON ROAD, KOWDIAR P.O., THIRUVANANTHAPURAM, PIN
- 695003
BY ADV B.ASHOK KUMAR
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
08.11.2024, ALONG WITH OP(C).2101/2024 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P.(C).Nos.2094,2099,
2100 and 2101 of 2024 5
2024:KER:83487
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
FRIDAY, THE 8TH DAY OF NOVEMBER 2024 / 17TH KARTHIKA, 1946
OP(C) NO. 2099 OF 2024
AGAINST THE ORDER/JUDGMENT DATED IN OPARB NO.1 OF 2022
OF ASSISTANT SESSIONS COURT/PRINCIPAL SUB COURT / COMMERCIAL
COURT, THIRUVANANTHAPURAM
PETITIONERS/PETITIONERS:
1 M/S. EKK & CO.
AGED 42 YEARS
A REGISTERED PARTNERSHIP NO.1733/2007, SECOND
FLOOR, MUNICIPAL BUILDING, A.M. ROAD, PERUMBAVOOR,
ERNAKULAM-683 542, REP. BY ITS MANAGING PARTNER,
MR. SANJU MOHAMMED ENJAKUDI HOUSE, OKKAL P.O.
PERUMBAVOOR , ERNAKULAM DISTRICT, PIN - 683550
2 M/S. EKK INFRASTRUCTURE LTD.
AGED 42 YEARS
2ND FLOOR, MUNICIPAL BUILDING, A.M. ROAD,
PERUMBAVOOR, ERNAKULAM-683 542, REP. BY ITS
MANAGING DIRECTOR, MR. SANJU MOHAMMED, ENJAKUDI
HOUSE, OKKAL P.O. PERUMBAVOOR , ERNAKULAM DISTICT,
PIN - 683550
BY ADVS.
K.BABU THOMAS
MARYKUTTY BABU
DRISYA DILEEP
RESPONDENTS/RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT, PUBLIC
WORKS DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM,
O.P.(C).Nos.2094,2099,
2100 and 2101 of 2024 6
2024:KER:83487
PIN - 695001
2 THE PROJECT DIRECTOR
KERALA STATE TRANSPORT PROJECT KSTP, PROJECT
MANAGEMENT TEAM, T.C. 11/339, SREE BALA BUILDING,
KESTON ROAD, KOWDIAR P.O., THIRUVANANTHAPURAM, PIN
- 695003
BY ADV B.ASHOK KUMAR
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
08.11.2024, ALONG WITH OP(C).2101/2024 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P.(C).Nos.2094,2099,
2100 and 2101 of 2024 7
2024:KER:83487
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
FRIDAY, THE 8TH DAY OF NOVEMBER 2024 / 17TH KARTHIKA, 1946
OP(C) NO. 2100 OF 2024
AGAINST THE ORDER/JUDGMENT DATED IN OPARB NO.99 OF
2021 OF ASSISTANT SESSIONS COURT/PRINCIPAL SUB COURT /
COMMERCIAL COURT, THIRUVANANTHAPURAM
PETITIONERS/RESPONDENTS:
1 M/S. EKK & CO.
AGED 42 YEARS
A REGISTERED PARTNERSHIP NO.1733/2007, SECOND
FLOOR, MUNICIPAL BUILDING, A.M. ROAD, PERUMBAVOOR,
ERNAKULAM-683 542, REP. BY ITS MANAGING PARTNER,
MR. SANJU MOHAMMED ENJAKUDI HOUSE, OKKAL P.O.
PERUMBAVOOR , ERNAKULAM DISTRICT, PIN - 683550
2 M/S. EKK INFRASTRUCTURE LTD.
AGED 42 YEARS
2ND FLOOR, MUNICIPAL BUILDING, A.M. ROAD,
PERUMBAVOOR, ERNAKULAM-683 542, REP. BY ITS
MANAGING DIRECTOR, MR. SANJU MOHAMMED, ENJAKUDI
HOUSE, OKKAL P.O. PERUMBAVOOR , ERNAKULAM
DISTRICT., PIN - 683550
BY ADVS.
K.BABU THOMAS
MARYKUTTY BABU
DRISYA DILEEP
RESPONDENTS/RESPONDENTS:
1 STATE OF KERALA
O.P.(C).Nos.2094,2099,
2100 and 2101 of 2024 8
2024:KER:83487
REPRESENTED BY THE SECRETARY TO GOVERNMENT, PUBLIC
WORKS DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM,
PIN - 695001
2 THE PROJECT DIRECTOR
KERALA STATE TRANSPORT PROJECT KSTP, PROJECT
MANAGEMENT TEAM, T.C. 11/339, SREE BALA BUILDING,
KESTON ROAD, KOWDIAR P.O., THIRUVANANTHAPURAM, PIN
- 695003
BY ADV B.ASHOK KUMAR
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
08.11.2024, ALONG WITH OP(C).2101/2024 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P.(C).Nos.2094,2099,
2100 and 2101 of 2024 9
2024:KER:83487
VIJU ABRAHAM, J.
--------------------
O.P.(C).Nos.2094,2099,2100 and 2101 of 2024
----------------------------------------------
Dated this the 8th day of November, 2024
JUDGMENT
The petitioners have approached this Court
seeking expeditious disposal of OP (Arbn.)
Nos.97/2021, 96/2021, 99/2021 and 1 of 2022 pending
before the Commercial Court (Principal Sub Court),
Thiruvananthapuram.
2. A report was called for from the trial court
concerned regarding the present stage of the cases,
wherein it is reported that the matters are posted
to 18.12.2024 for consideration. The trial court
has sought for at least 4 months time for disposal
of the cases.
Taking into consideration the above facts and
circumstances, and after hearing the learned
counsel for the petitioners, the learned counsel
appearing for the 2nd respondent and the learned
Government Pleader, I am inclined to dispose of the
above original petitions with a direction to the
O.P.(C).Nos.2094,2099,
2100 and 2101 of 2024 10
2024:KER:83487
Commercial Court (Sub Court), Thiruvananthapuram to
expedite the hearing of OP(Arb.) Nos. 97/2021,
96/2021, 99/2021 and 1 of 2022 and dispose of the
same without any delay, at any rate, within an
outer limit of four months from the next posting
date.
Sd/-
VIJU ABRAHAM,JUDGE
pm
O.P.(C).Nos.2094,2099,
2024:KER:83487
APPENDIX OF OP(C) 2094/2024
PETITIONERS' EXHIBITS
Exhibit P1 TRUE COPY OF THE AWARD PASSED BY THE
ARBITRAL TRIBUNAL DATED 9-7-2021
Exhibit P2 TRUE COPY OF O.P. (ARBN) NO.97 OF 2021
FILED BY THE PETITIONERS ON 20-12-2021
BEFORE THE COMMERCIAL COURT,
THIRUVANANTHAPURAM DATED 17-12-2021
Exhibit P3 TRUE COPY OF THE CASE STATUS DOWNLOADED
FROM THE E-COURT WEB SITE IN RESPECT OF
O.P. (ARBN) NO.97 OF 2021 DATED 7-9-2024
O.P.(C).Nos.2094,2099,
2024:KER:83487
APPENDIX OF OP(C) 2099/2024
PETITIONERS' EXHIBITS
Exhibit P1 TRUE COPY OF AWARD PASSED BY THE
ARBITRAL TRIBUNAL DATED 9-7-2021
Exhibit P2 TRUE COPY OF APPLICATION FOR PASSING AN
ADDITIONAL AWARD DATED 6-8-2021
Exhibit P3 TRUE COPY OF ADDITIONAL AWARD PASSED BY
THE TECHNICAL MEMBER IN THE TRIBUNAL
DATED 30-9-2021
Exhibit P4 TRUE COPY OF O.P. (ARBN) NO.1 OF 2022
FILED BY THE PETITIONERS DATED 7-1-2022
Exhibit P5 TRUE COPY OF CASE STATUS DOWNLOADED FROM
THE E-COURT WEB SITE IN RESPECT OF O.P.
(ARBN) NO.1 OF 2022 DATED 13-9-2024
O.P.(C).Nos.2094,2099,
2024:KER:83487
APPENDIX OF OP(C) 2100/2024
PETITIONERS' EXHIBITS
Exhibit P1 TRUE COPY OF AWARD IN A.R.C. NO.1 OF
2018 PASSED BY THE ARBITRAL TRIBUNAL
DATED 9-7-2021
Exhibit P2 TRUE COPY OF COMMON ORDER PASSED IN I.A.
NOS.1, 2, 4, 5 AND 6 OF 2020 AND 1 OF
2021 IN A.R.C. NO.1 OF 2018 DATED 9-7-
Exhibit P3 TRUE COPY OF O.P. (ARBN) NO.99 OF 2021
FILED BY THE PETITIONERS BEFORE THE
COMMERCIAL COURT, THIRUVANANTHAPURAM
DATED 17-12-2021
Exhibit P4 TRUE COPY OF CASE STATUS DOWNLOADED FROM
THE E-COURT WEB SITE IN RESPECT OF O.P.
(ARBN) NO.99 OF 2021 DATED 13-9-2024
O.P.(C).Nos.2094,2099,
2024:KER:83487
APPENDIX OF OP(C) 2101/2024
PETITIONERS' EXHIBITS
Exhibit P1 TRUE COPY OF THE AWARD PASSED BY THE
ARBITRAL TRIBUNAL DATED 9-7-2021
Exhibit P2 TRUE COPY OF O.P. (ARBN) NO.96 OF 2021
FILED BY THE RESPONDENTS BEFORE THE
COMMERCIAL COURT, THIRUVANANTHAPURAM
DATED 13-12-2021
Exhibit P3 TRUE COPY OF COUNTER AFFIDAVIT FILED BY
THE PETITIONER IN EXHIBIT P2 DATED 7-2-
Exhibit P4 TRUE COPY OF THE CASE STATUS DOWNLOADED
FROM THE E-COURT WEB SITE IN RESPECT OF
O.P. (ARBN) NO.96 OF 2021 DATED 13-9-
