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IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. NATARAJAN, J
Nest Realties India (P) Ltd., Represented By Its Director- Nagoor Jahangir Rawther – Appellant
Versus
Kunnel Engineers & Contractors (P) Ltd., Represented By Its Managing Director- M.V. Antony – Respondent
| Table of Content |
|---|
| 1. petitioners request for certified copies. (Para 1 , 2 , 3) |
| 2. court critiques trial court's rejection. (Para 4 , 5) |
JUDGMENT :
This petition is filed by the petitioners directing the Commercial Court, Ernakulam to issue certified copies of the arbitral records to the petitioners at their own expense and till then, the proceedings shall be kept abeyance.
3. Perused the order of rejection of the application for issuing certified copy, filed by the petitioners and another IA filed by the petitioners for seeking permission to take certified copies through an external agency at their own cost, which has been rejected by the trial court.
4. Considering the facts and circumstances of the case, though the petitioners are entitled for the certified copy as per the law. But, the trial court rejected the application on the ground that the machine is out of order and AMC is not extended and other applications are pending and rejecting the application, which is not correct. If the machine is not functioning, the Presiding officer ought to have brought to the notice of the Principal District Judge and in turn the Principal District Judge ought to have requested this Court for provi
The trial court must facilitate access to certified copies despite technical difficulties, ensuring petitioners' rights are upheld.
Point of Law : Documents in original shall be produced as primary evidence as mandated under Section 64 of the Indian Evidence Act.
The court upheld the discretion of the Prothonotary to grant certified copies to a third party with legitimate interest, emphasizing the necessity of showing sufficient cause under Rule 268.
The court established that compliance with procedural rules, specifically Rule 132 of the Rules of the High Court of Kerala, is mandatory for third parties seeking certified copies of court documents....
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