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Judgment
5 paragraphs · 288 wordsC.S.Dias, J
The original petition is filed, to direct the Court of the IInd Additional Commercial Court, Ernakulam, to issue the carbon copy of the order dated 2.11.2022 passed in I.A No.1/2022 in C.S. No.263/2022. The petitioner contends that even though she had filed I.A No.1/2022 in the above suit before the court below, the same has been dismissed by order dated 2.11.2022. The petitioner has filed an application to obtain the carbon copy of the order. However, the court below is proceeding with the trial in C.S No.263/2022. The petitioner proposes to challenge the order in accordance with law. If the court below proceeds with the trial of the suit, it would prejudice the right of the petitioner. Hence the original petition.
Heard; Smt.Amrin Fathima, the learned counsel appearing for the petitioner. In view of the limited relief that I propose to pass, I dispense with notice to the respondents.
On a consideration of the pleadings and materials on record and taking note of the fact that the petitioner has already made an application for the copy of the order passed in I.A No.1/2022 and the same is pending consideration before the court below, in exercise of the supervisory powers of this Court under Article 227 of the Constitution of India, I direct the IInd Additional Commercial Court, Ernakulam, to issue the carbon copy of the order dated 2.11.2022 in I.A No.1/2022, in accordance with law, if the application is in order, as expeditiously as possible, at any rate, within a period of one week from today. The court below is directed to defer further proceedings in C.S No.263/2022 by a further period of ten days from today.
The original petition is ordered accordingly.