Two original civil petitions were filed seeking expeditious disposal of interlocutory applications pending in connected arbitration matters. The Court, noting that the interlocutory applications had already been heard and noticed for orders, closed the original petitions without issue.
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.G.ARUN
THURSDAY, THE 12TH DAY OF NOVEMBER 2020 / 21ST KARTHIKA, 1942
OP(C).No.1371 OF 2020
CMA(Arb) 452/2020 OF PRINCIPAL SUB COURT, ERNAKULAM
PETITIONER/S:
M/S.ASTEN REALTORS PRIVATE LIMITED 33/2440 E,COMPASS, N H BY PASS,VYSHALI JUNCTION,THKAMMANAM.P.O,ERNAKULAM DISTRICT,REP BY ITS DIRECTOR,SIRAJ MATHER,AGED 59,S/O K M ABDUL RAHMAN RAWTHER.
BY ADVS. SRI.PRAVEEN K. JOY SRI.E.S.SANEEJ
RESPONDENT/S:
M/S.SILPA PROJECTS AND INFRASTRUCTURE (I) PVT LTD. REGISTERED OFFICE AT 3RD FLOOR, NORTH AVENUE PARAMARA ROD, ERNAKULAM, KOCHI-18, REP BY ITS MANAGING DIRECTOR T.S SANIL
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 12.11.2020, ALONG WITH OP(C) 1372 OF 2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(C).No.1371 & 1372 OF 2020
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
THURSDAY, THE 12TH DAY OF NOVEMBER 2020 / 21ST KARTHIKA, 1942
OP(C).No.1372 OF 2020
CMA(Arb) 653/2020 OF PRINCIPAL SUB COURT, ERNAKULAM
PETITIONER/S:
M/S ASTEN PROPERTIES AND DEVELOPERS PRIVATE LTD, 33/2440 E, COMPASS, N.H BYE PASS, VYSHALI JUNCTION, THAMMANAM P.O.ERNAKULAM DISTRICT, REP BY ITS DIRECTOR, SIRAJ MATHER, AGED 59, S/O K.M ABDUL RAHMAN MATHER.
BY ADVS. SRI.PRAVEEN K. JOY SRI.E.S.SANEEJ
RESPONDENT/S:
M/S SILPA PROJECTS AND INFRASTRUCTURE (I) PVT LTD.
REGISTERED OFFICE AT 3RD FLOOR, NORTH AVENUE PARAMARA ROD, ERNAKULAM, KOCHI-18, REP BY ITS MANAGING DIRECTOR T.S SANIL
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 12.11.2020, ALONG WITH OP(C) 1371 OF 2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(C).No.1371 & 1372 OF 2020
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JUDGMENT
Dated this the 16th day of November, 2020
These original petitions are filed seeking expeditious disposal of interlocutory applications filed by the petitioner in CMA No.452 of 2020 and CMA No.653 of 2020 pending before the Principal Sub Court, Ernakulam. The learned Counsel for the petitioner submits that pending the original petitions, the I.As were heard and are posted for orders on 16.11.2020.
In the light of this subsequent development, the original petitions are closed.
sd/- V.G.ARUN JUDGE
Scl/16.11.2020
OP(C).No.1371 & 1372 OF 2020
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OP(C).No.1371 OF 2020
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 THE TRUE COPY OF THE PETITION IN IA 4/2020 IN CMA (ARB)NO.261/2020 BEFORE DISTRICT COURT,ERNAKULAM DATED 24.06.2020.
EXHIBIT P2 THE TRUE COPY OF THE PETITION FOR ADDITIONAL DOCUMENTS IN IA 4/2020 IN CMA(ARB)261/2020 BEFORE DISTRICT COURT,ERNAKULAM DATED 24.6.2020.
EXHIBIT P3 THE TRUE COPY OF THE RELEVANT PAGE OF THE E-COURT STATUS OF DISTRICT COURT,ERNAKULAM IN CMA(ARB)261/2020.
OP(C).No.1371 & 1372 OF 2020
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OP(C).No.1372 OF 2020
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 THE TRUE COPY OF THE PETITION IN IA 4/2020 IN CMA (ARB)262/2020 BEFORE DISTRICT COURT, ERNAKULAM DATED 24.6.2020
EXHIBIT P2
THE TRUE COPY OF THE RELEVANT PAGE OF THE E-COURT STATUS OF DISTRICT COURT, ERNAKULAM IN CMA(ARB) 262/2020
M/S.ASTEN REALTORS PRIVATE LIMITED
M/S.SILPA PROJECTS AND INFRASTRUCTURE (I) PVT LTD.
M/S ASTEN PROPERTIES AND DEVELOPERS PRIVATE LTD
M/S SILPA PROJECTS AND INFRASTRUCTURE (I) PVT LTD.
V.G.ARUN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
