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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 :
K. NATARAJAN, J.
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.
2. Heard the arguments of the learned counsel for the petitioners.
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. On perusal of the order, though the trial court stated that the documents applied by the petitioners is 2800 pages and xerox machine is currently not able to take copies of 2800 pages and AMC (Annual Maintenance Contract) also expired and rejected the application and even another application for taking external source also rejected. The learned counsel for the petitioners relied upon the judgment of the Division Bench of this Court in the case of Madhu repo
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....
The court exercised its supervisory powers under Article 227 to ensure procedural fairness by requiring the issuance of certified copies.
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