1 OPC 1361/24 2025:KER:26445 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE BASANT BALAJI WEDNESDAY, THE 26TH DAY OF MARCH 2025 / 5TH CHAITHRA, 1947 OP(C) NO. 1361 OF 2024 CS NO.73 OF 2021 OF ASSISTANT SESSIONS COURT/PRINCIPAL SUB COURT / COMMERCIAL COURT, THIRUVANANTHAPURAM PETITIONER/S: GOPAKUMAR BALAKRISHNAN NAIR AGED 59 YEARS S/O THE LATE BALAKRISHNAN NAIR RESIDING AT 5-A, SKYLINE PLAZA APARTMENTS VELLAYAMBALAM, SASTHAMANGALAM P.O. THIRUVANANTHAPURAM, PIN - 695010 BY ADVS.C.S.MANU DILU JOSEPH, C.A.ANUPAMAN T.B.SIVAPRASAD, C.Y.VIJAY KUMAR MANJU E.R., ANANDHU SATHEESH ALINT JOSEPH PAUL JOSE DAINY DAVIS RESPONDENT/S: CAPITAL RETREAT PRIVATE LIMITED TC 31/527 (1), CHAKKAI, PETTAH THIRUVANANTHAPURAM, REPRESENTED BY ITS CHAIRMAN, RAJMOHAN, PIN - 695024 BY ADVS.THEJAN RAJ E.ADITHYAN(K/746/2014) INDRAJITH.I(K/131/2021) OTHER PRESENT: ADV. R.T PRADDEP THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 19.2.2025, THE COURT ON 26.3.2025 DELIVERED THE FOLLOWING: 2 OPC 1361/24 2025:KER:26445 JUDGMENT (Dated this the 26th day of March 2025) This O.P.(C.) is filed by the plaintiff in C.S.No.73 of 2021 on the files of the Assistant Sessions Court, Thiruvananthapuram, for a direction to the Principal Commercial Court, Thiruvananthapuram, to dispose of the suit within a time frame. 2. The suit is filed as a summary suit under Order 37 CPC to recover Rs.5,03,79,000/- from the defendant, together with future interest at the rate of 18% per annum. 3. Today in O.P.(C) No.1409 of 2024, which is filed by the respondent herein, I have already held that the order dismissing the application to accept the written statement is in order. Therefore, what remains is the recording of evidence of the plaintiff and the passing of judgment thereafter, on the basis of the evidence adduced. In the said circumstances, I direct the Principal Commercial Court, Thiruvananthapuram, to take up C.S.No.73 of 2021 and dispose of the same and at any rate, within a period of 3 months from the date of receipt of a copy of this judgment. This O.P.(C) is disposed of as above. Sd/- BASANT BALAJI, JUDGE dl/ 3 OPC 1361/24 2025:KER:26445 APPENDIX OF OP(C) 1361/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE CS NO.73 OF 2021 DATED 15-03 - 2021 FILED BY THE PETITIONER BEFORE THE PRINCIPAL COMMERCIAL COURT, THIRUVANANTHAPURAM Exhibit P2 TRUE COPY OF THE ORDER DATED 10-03-2022 IN IA NO.8 OF 2021 IN C.S NO.73 OF 2021