High CourtsSingle Bench

James Varghese vs State Of Kerala

High Court Of Kerala · Decided on 21 December 2022 · Citation: (2022) 12 KL CK 0218

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. 1708 Of 2022
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Judgment

5 paragraphs · 250 words

C.S Dias, J

1.

The original petition is filed, interalia, to direct the Court of the Principal Subordinate Judge, Thiruvananthapuram to consider and dispose of OP (Arb.) No.50/1994 within a time frame.

2.

Pursuant to the order dated 23.09.2022 passed by this Court, the learned Principal Subordinate Judge, by communication dated 07.10.2022, has informed this Court that OP(Arb.) No.50/1994 is not pending before the court below. The said original petition was closed on 08.06.2007. Now, the petitioner has filed IA No.137/2021 to take back the case on record. The application was posted to 19.10.2022. The same was objected by the respondent. The court below would dispose of IA No.137/2021 on or before 15.11.2022. A decision, whether OP(Arb.) No.50/1994 is to be disposed of or not will be taken only after a decision is taken on IA No.137/2021.

3.

Heard; Sri. James Abraham, the learned counsel appearing for the petitioner and Smt.Sylaja, the learned Government Pleader appearing for the respondents.

On a consideration of the pleadings and the materials on record, after perusing the communication of the learned Principal Subordinate Judge and in exercise of the supervisory powers of this Court under Article 227 of the Constitution of India, I direct the Court of the Principal Subordinate Judge, Thiruvananthapuram to consider and dispose of IA No.137/2021 in accordance with law, as expeditiously as possible, at any rate within a period of one month from the date of receipt of a certified copy of the judgment. The original petition is ordered accordingly.