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Judgment
9 paragraphs · 367 wordsC.S Dias, J
The original petition is filed to direct the Court of the Commercial Appellate Court, Ernakulam, to issue the certified copy of the order dated 3.1.2023 in CA No.3/2022 within a time frame and until such time to stay all further proceedings in CS No.263/2022 before the second Additional Commercial Court, Ernakulam.
The facts leading to the filing of the original petition are as follows:- Being aggrieved by order dated 2.11.2022 passed in IA No.2/2022 in CS No.263/2022 by the Second Additional Commercial Court, Ernakulam, the petitioner filed CA No.3/2022 before the Commercial Appellate Court, Ernakulam. The Commercial Appellate Court, by judgment dated 3.1.2023, has dismissed the appeal. The petitioner proposes to challenge the judgment before this Court. Even though the petitioner has applied for the certified copy of the judgment, the same has not been issued. But, the Commercial Court is proceeding with the trial in CS 263/2022, which would cause prejudice to the petitioner. Hence the original petition.
Heard; Smt.Amrin Fathima, the learned counsel appearing for the petitioner and Smt.Nikhitha Susan, the learned counsel appearing for the first respondent. In view of the limited relief that I propose to pass, I dispense with notice to the second respondent.
On a consideration of the pleadings and materials on record, and taking note of the fact that the petitioner has already filed an application to obtain the certified copy of the judgment in CA No.3/2022 of the Commercial Appellate Court, Ernakulam, I am of the view that the original petition is to be allowed.
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 in the following manner:
(i) The Commercial Appellate Court, Ernakulam is directed to issue the certified copy of the judgment passed in CA No.3/2022, in accordance with law, if the application is in order, within a period of two weeks from today.
(ii) The Second Additional Commercial Court, Ernakulam is directed to defer all further proceedings in CS No.263/2022 for a period of one week from the date the judgment is issued in CA No.3/2022.
The original petition is ordered accordingly.