LAWS(KER)-2023-1-176

ZERITA ASHLEN ROCHA Vs. ANN MARY VARGHESE

Decided On January 17, 2023
Zerita Ashlen Rocha Appellant
V/S
Ann Mary Varghese Respondents

JUDGEMENT

(1.) The original petition is filed to direct the Court of the Commercial Appellate Court, Ernakulam, to issue the certified copy of the order dtd. 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.

(2.) The facts leading to the filing of the original petition are as follows:- Being aggrieved by order dtd. 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 dtd. 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.

(3.) 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.