IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 4TH MARCH 2008 / 14TH PHALGUNA 1929 WP(C).No. 7507 of 2008(R) ------------------------- I.A.No.4946/07 IN OS.66/2006 of II ADDL.SUB COURT,KOZHIKODE .................... PETITIONER: ------------ M/S. BUILD CEMENT AGENCIES, DOOR NO.20/33, NAYANAMKANDYPARAMBA, PANNIYANKARA AMSOM DESOM, KOZHIKODE, REPRESENTED BY ITS MANAGING PARTNER MOHAMED RAFI. BY ADV. SRI.K.M.FIROZ RESPONDENT: ------------- M/S. MALABAR CEMENTS LTD., REGISTERED OFFICE AT WALAYAR, REPRESENTED BY ITS MARKETING MANAGER, MOHAMED ASHRAF, AGED 44 YEARS, S/O. V.H.ABDU. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. ---------------------- W.P.(C)No.7507 OF 2008 ----------------------------- DATED THIS THE 4TH DAY OF MARCH, 2008 J U D G M E N T This writ petition is preferred with a prayer to direct the 2nd Additional Subordinate Judge, Kozhikode to issue copy of the order in I.A.No.4946/07 in O.S.No.66/06 and to stay all further proceedings in O.S.No.66/06 till a copy of the order is issued. I am informed that the said application is one for dismissing the suit for non-compliance of the order for discovery. The Court has found against it. But if the party wants to prefer an appeal or appropriate relief in any other Forum, I direct the Court below to issue copy of the order in I.A.No.4946/07 as expeditiously as possible, at any rate, within a period of one week from today. So far as the prayer to stay the suit is concerned, I am not inclined for the reason that the suit can be proceeded with and if any stay is obtained in the said proceeding, it can be stalled at that time. The Court may also comply with the request for issuance of a copy of the order as per C.A.No.626/08. The writ Petition is disposed of accordingly. M.N.KRISHNAN, JUDGE. dsn