The single-judge bench disposed of an extension petition (OP(C) No. 3049 of 2015) regarding execution proceedings E.P. No. 81/2013, extending time for the judge to complete disposal.
Extension of time granted till 31.03.2016 for disposal of E.P. No. 81/2013.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE V.CHITAMBARESH
TUESDAY, THE 5TH DAY OF JANUARY 2016/15TH POUSHA, 1937
OP(C).No. 3049 of 2015 (O)
AGAINST THE ORDER/JUDGMENT IN EP 81/2013 ON THE FILE OF THE PRINCIPAL DISTRICT JUDGE, ALAPPUZHA
PETITIONER(S):
M/S.CHI COMMODITIES HANDLERS INC 3950 14TH AVENUE, SUITE 504, MARKHAM ONTARIO L 3R 0A9 C A N A D A REP. BY ITS AUTHORISED SIGNATORY, ANILKUMAR S S/O.DR.SREEDHARAN, 237, 13TH STREET GIRINAGAR, KADAVANTHRA.P.O., COCHIN-682 020.
BY ADV. SRI.T.R.ASWAS
RESPONDENT(S):
THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 05-01-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(C).No. 3049 of 2015 (O)
APPENDIX
PETITIONER(S)' EXHIBITS
P1- TRUE COPY OF JUDGMENT DTD. 13.08.13 IN O.P(C)NO.2471/13. P2- TRUE COPY OF THE JUDGMENT DATED 31.08.14 IN O.P(C)NO.1356/14. P2(A)- EXTENSION ORDER DATED 17.09.14 IN O.P(C)NO.1356/14. P3(B)- EXTENSION ORDER DATED 18.12.14 IN O.P(C)NO.1356/14. P3- TRUE COPY OF CR AFFIDAVIT DTD 31.08.15 FILED BY PETITIONER IN THE COURT BELOW.
RESPONDENT(S)' EXHIBITS
--------------------------------------NIL
TRUE COPY
SKS
P.A TO JUDGE
V.CHITAMBARESH, J.
O.P(C)NO. 3049 OF 2015
Dated this the 5th day of January, 2016
JUDGEMENT
It is reported that E.P.No.81/2013 on the file of the Court of the Principal District Judge, Alappuzha has already been made over to the Court of the First Additional District Judge, Alappuzha. It goes without saying that the claim petition put in by the Canara Bank shall also be dealt with while taking the proceedings in E.P No.81/2013 to a logical end. No further directions are warranted in OP(C)No.3049/2015 in the circumstances.
The original petition is disposed of as as above.
V.CHITAMBARESH, JUDGE
sks
2 issues framed by the court
Whether the impugned order declining an extension of time for disposal of execution proceedings should be allowed.
Whether further extension of time for disposal of the underlying execution petition is warranted.
M/s. Chi Commodities Handlers Inc.
M/s. Chemmarathil Cashew Company
C.K. Sam
M/s. Canara Bank
V. Chitambaresh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
