C.K Vijayan vs Pradeep P V

C.S Dias, J

The original petition is filed, inter alia, to direct the Court of the Principal Subordinate Judge, Ernakulam, to grant the petitioner one week’s time to commence the trial in the suit.

The concise case of the petitioner in the original petition is that, he is the first defendant in the above suit, which has been filed by the first respondent. The respondents 2 to 4 are the other defendants in the suit. The petitioner’s property was attached by the first respondent. The said order was challenged before this Court in FAO No.65/2019. By Ext P3 judgment, this Court disposed of the appeal by directing the court below to dispose of the suit itself within three months from 15.11.2022. There was a change in the counsel for the petitioner. When the suit was listed for trial, the petitioner filed IA No.4/2023, to remove the suit from the list. But, the court below rejected the application. Even though the petitioner challenged the order before this Court in OP(C)No.348/2023, by Ext P4 judgment, this Court dismissed the original petition. Subsequently, the petitioner filed IA No.1/2023 in FAO No.65/2019 for extension of the time period. By Ext P5 order, the time period to dispose of the suit has been extended by one month. Thereafter, the petitioner filed IA No.6/2023, to remove the case from the list. The court below, by the impugned Ext P7 proceedings, has rejected Ext P6 application. Ext P7 proceedings is unreasonable and unjust. Hence the original petition.

Heard; Sri.P.T Sheejish, the learned counsel appearing for the petitioner and Sri.Peeyus A Kottam, the learned counsel appearing for the first respondent. Since the respondents 2 to 4 are sailing with the petitioner, notice to them was dispensed with.

When the original petition was taken up for admission, Sri.P.T Sheejish submitted that on the basis of the submission made by the learned counsel appearing for the petitioner, the Court of the Principal Subordinate Judge, transferred the suit to the Commercial Court, which is presided by the same officer, and the suit has been renumbered as CC No.22/2023. In addition to the above, the Division Bench of this Court in FAO No.65/2019, has enlarged the time period to dispose of the suit by a further period of one month. Therefore, now, the suit needs to be disposed of by 15.3.2023. All that the petitioner prays is that he be given a week’s time to get ready for the trial of the suit. The above submission is not seriously opposed by the learned counsel appearing for the first respondent.

On an appreciation of the pleadings and materials on record, and taking note of the fact that the Division of Bench of this Court has already enlarged the time period fixed in Ext P3 judgment to dispose of the suit by a further period of one month and that at the trial stage, the Court of the Principal Subordinate Judge has transferred the suit to the Commercial Court, I am of the view that a reasonable breathing time can be granted to the petitioner to get ready and proceed with the trial.

In the result, in exercise of the supervisory powers of this Court under Article 227 of the Constitution of India, I dispose of the original petition as follows:

(i) The Commercial Court, Ernakulam, is directed to commence the trial in CC No.22/2023, from 1.3.2023.

(ii) The Commercial Court, Ernakulam, is directed to consider and dispose of CC No.22/2023, in accordance with law and as expeditiously as possible, at any rate on or before 15.3.2023 or such other extended time granted by this Court in FAO No.65/2019.