IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID MONDAY, THE 7TH MARCH 2011 / 16TH PHALGUNA 1932 OP(C).No. 916 of 2011(O) ----------------------------------- [OS.NO.786/2008 OF SUB COURT,ERNAKULAM] .................... PETITIONER: ------------------- M/S.BHARATH AGENCIES, 32-312, A2, PUTHIYA ROAD, THAMMANAM P.O., REP. BY ITS MANAGING PARTNER SHRI.BABU THOMAS, AGED 63, S/O.LATE K.I.THOMAS, KANICHAYI HOUSE, PADIVATTOM, EDAPPALLY P.O., COCHIN-24. BY ADVS. SRI.G.SREEKUMAR (CHELUR), SMT.PREETHY KARUNAKARAN, SRI.K.RAVI (PARIYARATH). RESPONDENT: ---------------------- KERALA STATE CIVIL SUPPLIES CORPORATION LTD., POST BOX NO.2030, MAVELI BHAVAN, GANDHI NAGAR, KOCHI-20, REP. BY ITS COMPANY SECRETARY. BY ADV. SRI. LAKSHMI NARAYAN, S.C, SUPPLYCO. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 07/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. HARUN-UL-RASHID,J. ------------------------------- O.P.(C) NO. 916 OF 2011 ------------------------------- DATED THIS THE 7TH DAY OF MARCH, 2011 JUDGMENT Defendant in O.S.No.786/2008 on the file of the Sub Court, Ernakulam is the petitioner herein. The suit was filed by the Kerala State Civil Supplies Corporation Ltd. seeking a decree of realisation of money. 2. This original petition is filed for a direction to the Sub Court, Ernakulam to defer the trial of O.S.No.786/2008 so as to facilitate production of all documents from the investigating agency, namely, CBI, within a reasonable time, in the interest of justice. 3. The grievance of the petitioner is that all the documents to be produced and evaluated by the trial court are in the custody of the CBI. Petitioner is seeking further time in order to get all the documents from the investigating agency to be -2- O.P(C).No.916/2011 produced before the Sub Court. Learned counsel for the petitioner submits that the CBI conducted a search in the premises of the petitioner resulting in seizing of many documents. Copy of the search list prepared by the CBI is produced as Ext.P3. It is further submitted that the documents seized by the CBI are the documents which could prove that the petitioner is only a supplier of medicines and nothing more. It is submitted that in this situation no purpose will be served by the Sub Court in proceeding with the trial of the case. It appears that the submission of the learned counsel is well- founded. In these circumstances, I direct the court below to look into the grievance of the petitioner and pass appropriate orders. It is said that the application for deferring the trial is pending before the trial court. Hence, the trial court is directed to consider the application on merits and pass appropriate orders in accordance with law. If the court below finds that -3- O.P(C).No.916/2011 production of documents referred to in the application is necessary for the trial of the suit, the court may consider adjournment of the trial for a short period. Original Petition is disposed of as above. Sd/- HARUN-UL-RASHID, Judge. kcv.