Kerala High Court
Rs Development And Construction India ... vs Southern Railway on 17 January, 2023
Author: C.S.Dias
Bench: C.S.Dias
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
TUESDAY, THE 17TH DAY OF JANUARY 2023 / 27TH POUSHA, 1944
OP(C) NO. 2600 OF 2022
AOP 5/2022 OF PRINCIPAL SUB COURT / COMMERCIAL COURT, TRIVANDRUM
PETITIONER/S:
RS DEVELOPMENT AND CONSTRUCTION INDIA PVT.LTD
A REGISTERED COMPANY WITH CIN NO. U
45400TN2008PTC068389 HAVING ITS REGISTERED OFFICE AT
NO. 567, 17TH STREET, 4TH SECTOR, K.K. NAGAR, CHENNAI-
600078 AND WORKING OFFICE AT NO.131/1, A.P.T. ROAD,
ERODE-638 003, TAMIL NADU STATE REPRESENTED BY ITS
AUTHORIZED SIGNATORY SRI S. SHANKAR, AGED 43 YEARS, S/O
R. SUBRAMANIAN, DIRECTOR HAVING OFFICE AT
NO.131/1,A.P.T.NO. 131/1,A.P.T. ROAD, ERODE, TAMIL
NADU., PIN - 638003
BY ADVS.
AYSHA YOUSEFF
MOLLY JACOB
JOBI.A.THAMPI
ASHIFA YOUSEFF
M.KABANI DINESH
FASHIYA YOUSEFF
C.M.EBRAHIM
SHOUKATH HUSAIN
FATHIMA MAJEED
RESPONDENT/S:
1 SOUTHERN RAILWAY
REPRESENTED BY THE OFFICE OF THE DEPUTY CHIEF ENGINEER
(CONSTRUCTION), THIRUVANANTHAPURAM, PIN - 695014
2 THE GENERAL MANAGER, SOUTHERN RAILWAY
HEADQUARTERS OFFICE, PARK TOWN, CHENNAI, PIN - 600003
3 S.K. SHARMA
RTD. AGM/SR,FLAT NO. A-402, OOSMAN EVEREST, METTIGUDA,
SECUNDRABAD, HYDERABAD, TELANGANA
(PRESIDING ARBITRATOR), PIN - 500017
4 G.VENUGOPAL REDDY
RETD. PCEE/SCR,C-404,TRENDSET RYTHEME,
APARTMENTS, WHITE FIELD, KONDAPUR,
HYDERABAD, PIN - 500084
(CO-ARBITRATOR)
OP(C) NO.2600 OF 2022 2
5 A.SELVARAJ
FA & CAG/MAS SITE NO. 354 A,PANAIMARATHUR ROAD,
THELUNGUPALAYAM, COIMBATORE,(CO-ARBITRATOR), PIN -
641039
FOR R1 & 2 BY SRI.S. MANU, DY.SGI
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 17.01.2023,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(C) NO.2600 OF 2022 3
JUDGMENT
The original petition is filed to direct the Commercial Court, Thiruvananthapuram, to consider and dispose of A.O.P. No.5/2022 within a time frame.
2. Pursuant to the order dated 06.01.2023 passed by this Court, the learned Judge of the Commercial Court, by communication dated 12.01.2023, has informed this Court that the original petition is filed under Section 14 read with Section 11(6) of the Arbitration and Conciliation Act, 1996. The respondents 1 and 2 have entered appearance. Service of notice is yet to be completed on the other respondents. The court below would take every endeavour to dispose of the original petition after two months from the date of appearance of all the parties.
3. Heard; Sri. Muhammed Youseff, the learned Senior counsel appearing for the petitioner and Sri.S Manu, the learned Deputy Solicitor General of India, appearing for the respondents 1 and 2. Notice to the respondents 3 to 5 have already been dispensed with. OP(C) NO.2600 OF 2022 4
In the light of the pleadings and materials on record and after perusing the communication of the learned Judge of the Commercial Court, in exercise of the supervisory powers of this Court under Article 227 of the Constitution of India, I direct the Commercial Court, Thiruvananthapuram, to consider and dispose of A.O.P.No.5/2022, as expeditiously as possible, at any rate within a period of three months after the appearance of all the respondents.
The original petition is ordered accordingly.
Sd/-
C.S.DIAS, JUDGE okb/17.1.2023 //True copy// P.S. to Judge OP(C) NO.2600 OF 2022 5 APPENDIX OF OP(C) 2600/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE ORIGINAL PETITION FILED IN A.O.P.NO.5/2022 ON THE FILE OF THE COMMERCIAL COURT, THIRUVANANTHAPURAM Exhibit P2 TRUE COPY OF THE PROCEEDINGS OF THE COMMERCIAL COURT, THIRUVANANTHAPURAM IN AOP NO.5/2022