Kerala High Court
God’S Own Country Health Resorts ... vs Marriott Hotels India Pvt Ltd on 31 July, 2023
Author: C.S.Dias
Bench: C.S.Dias
1
OP(C) No.1471 of 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
MONDAY, THE 31ST DAY OF JULY 2023 / 9TH SRAVANA, 1945
OP(C) NO. 1471 OF 2023
TO CONSIDER AND DISPOSE OF IA 6/2023 IN CMA(Arb) 13/2023 OF
PRINCIPAL SUB COURT / COMMERCIAL COURT-II, THIRUVANANTHAPURAM
PETITIONER/S:
GOD'S OWN COUNTRY HEALTH RESORTS INTERNATIONAL PVT
LTD, T.C 25/1572(5) 2ND FLOOR, AIROLINK TOWER,
NANTHENCODE, THIRUVANANTHAPURAM- 695033 REP BY IT'S
DIRECTOR TESSY
BY ADVS.
M.P.ASHOK KUMAR
BINDU SREEDHAR
ASIF N
RESPONDENT/S:
MARRIOTT HOTELS INDIA PVT LTD, 303/304, 3RD FLOOR
HIRANANDANI FULCRUM SAHAR ROAD ANDHERI EAST VILE
PARLE(E) MUMBAI- 400099 MAHARASHTRA, REP BY IT'S
SENIOR DIRECTOR, KRISHNAN AGGARWAL
BY ADVS.
Santhosh Mathew
ARUN THOMAS(K/844/2007)
VEENA RAVEENDRAN(K/838/2016)
KARTHIKA MARIA(K/001293/2016)
MATHEW NEVIN THOMAS(K/000936/2019)
ABI BENNY AREECKAL(K/001482/2019)
KURIAN ANTONY MATHEW(K/1812/2020)
SHINTO MATHEW ABRAHAM(K/977/2018)
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
31.07.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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OP(C) No.1471 of 2023
C.S DIAS,J.
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OP(C) No.1471 of 2023
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Dated this the 31st day of July, 2023 .
JUDGMENT
The original petition is filed to direct the Court of the Principal Subordinate Judge/Commercial Court-II, Thiruvananthapuram, to consider and dispose of IA No.6/2023 in CMA (Arb) No.13/2023 within a reasonable time period and to direct the said Court to defer further proceedings in CMA (Arb) No.13/2023.
2. Pursuant to the order dated 20.7.2023 passed by this Court, the learned Principal Subordinate Judge/Commercial Judge, has informed this Court that IA No.6/2023 can be disposed of within two months. 3 OP(C) No.1471 of 2023
3. Heard; Sri.M.P Ashok Kumar, the learned counsel appearing for the petitioner and Sri.Santhosh Mathew, the learned counsel appearing for the respondent.
4. Having considered the pleadings and materials on record and after perusing the communication of the learned Principal Subordinate Judge/Commercial Judge, 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/Commercial Court-II, Thiruvananthapuram, to consider and dispose of IA No.6/2023, in accordance with law and as expeditiously as possible, at any rate, on or before 25.8.2023. The parties are directed to 4 OP(C) No.1471 of 2023 maintain status-quo in respect of the property as on today till the disposal of IA No.6/2023.
The original petition is ordered accordingly.
SD/-
sks/31.7.2023 C.S.DIAS, JUDGE 5 OP(C) No.1471 of 2023 APPENDIX OF OP(C) 1471/2023 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE APPLICATION CMA(ARB) 13 OF
2023 FILED BY THE RESPONDENT BEFORE HON'BLE COMMERCIAL COURT - II THIRUVANANTHAPURAM DT 30/04/2023 WITHOUT DOCUMENTS Exhibit P2 TRUE COPY OF IA 2 OF 2023 IN CMA(ARB) 13 OF 2023 DT 30/04/2023 BEFORE HON'BLE COMMERCIAL COURT - II THIRUVANANTHAPURAM Exhibit P3 TRUE COPY OF OBJECTION DT 04/06/2023 FILED BY THE PETITIONER TO EXHIBIT P1 Exhibit P4 TRUE COPY OF OBJECTION TO EXHIBIT P2 DT 04/06/2023 Exhibit P5 TRUE COPY OF IA 3 OF 2023 IN CMA(ARB) 13 OF 2023 DT 30/04/2023 BEFORE HON'BLE COMMERCIAL COURT - II THIRUVANANTHAPURAM Exhibit P6 TRUE COPY OF IA 6 OF 2023 DT 04/06/2023 FILED BY THE PETITIONER IN CMA(ARB) 13 OF 2023 BEFORE HON'BLE COMMERCIAL COURT - II THIRUVANANTHAPURAM Exhibit P7 TRUE COPY OF IA 7 OF 2023 DT 08/06/2023 IN IN CMA(ARB) 13 OF 2023 BEFORE HON'BLE COMMERCIAL COURT - II THIRUVANANTHAPURAM Exhibit P8 TRUE COPY OF IA 8 OF 2023 DT 08/06/2023 IN CMA(ARB) 13 OF 2023 BEFORE HON'BLE COMMERCIAL COURT - II THIRUVANANTHAPURAM Exhibit P9 TRUE COPY OF OBJECTION DT 13/07/2023 TO EXHIBIT P7 Exhibit P10 -TRUE COPY OF OBJECTION DT 13/07/2023 TO EXHIBIT P8 RESPONDENT EXHIBITS Exhibit R1(1) A true copy of Board Resolution dated 18.07.2023 Exhibit R1(2) A true copy of the Operating Agreement dated 11.11.2012 Exhibit R1(3) A true copy of the screenshots of the 6 OP(C) No.1471 of 2023 recruitment advertisement on social media platform by Sree Gokulam Hotels and Resorts dated nil Exhibit R1(4) A true copy of the Order dated 04.05.2023 in I.A. No. 2/2023 in the CMA (Arb) 13/2023 Exhibit R1(5) A true copy of the Order dated 04.05.2023 in I.A. No. 3/2023 in the CMA (Arb) No. 13/2023 Exhibit R1(6) A true copy of the e-mail dated 05.05.2023 Exhibit R1(7) A true copy of the e-mail dated 13.05.2023 Exhibit R1(8) A true copy of the news article dated 20.05.2023 Exhibit R1(9) A true copy of the Order dated 03.06.2023 in IA No. 03/2023 in the CMA(Arb) No. 13/2023 Exhibit R1(12) A true copy of I.A. No. 9 of 2023 dated 04 July 2023 Exhibit R1(13) A true copy of the Order dated 20.07.2023 in IA No. 08/2023 n the CMA(Arb) No. 13/2023 Exhibit R1(14) A true copy of the email dated 14.07.2023 Exhibit R1(15) A true copy of the Notice dated 27.07.2023 Exhibit R1(11) The true copies of the photographs taken on 15.07.2023 demonstrating the civil works Exhibit R1(10) The true copies of the photographs of the Hotel on the Schedule Property filed along with I.A. No. 7 of 2023