High CourtsSingle Bench

A.N. Gunashenoy & Sons Represented By Its Managing Partner, Rajesh.R. Shenoy vs M/s Prism Johnson Ltd, A Company Registered Under Indian Companies Act 1956, Represented By Sumesh.S

High Court Of Kerala · Decided on 13 March 2023 · Citation: (2023) 03 KL CK 0126

HON’BLE JUDGES
C.S Dias, J
ACTS & SECTIONS REFERRED
Constitution of India, 1950 — Article 227
RESULT
Disposed Of
CASE NUMBER
Original Petition (C) No. 558 Of 2023
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Judgment

6 paragraphs · 213 words

C.S Dias,J.

1.

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.

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.