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2024 Supreme(Online)(KER) 14536

HIGH COURT OF KERALA
VIJU ABRAHAM, J
KERALA INDUSTRIAL INFRASTRUCTURE DEVELOPMENT CORPORATION (KINFRA) – Appellant
Versus
M/S. SILPI CONSTRUCTION CONTRACTORS – Respondent


JUDGEMENT

Petitioner has approached this Court seeking a direction to the Commercial Court/Principal Sub Court, Thiruvananthapuram to accept Ext.P4 written statement filed by the petitioner in Commercial Suit No.25 of 2021 and proceed with the case in accordance with law.

2.Petitioner is the defendant in commercial suit No.25 of 2021 before the Commercial Court/Principal Sub Court, Thiruvananthapuram and the respondent herein is the plaintiff in the said suit filed against the termination of the contract for the “Construction of Office Plaza – Left Over Portion at KINFRA Park, Kalamassery”. Petitioner, relying on Exts.P2 and P3 orders passed by the Apex Court regarding extension of period of limitation in connection with Covid-19 pandemic, submits that the written statement filed on 01.01.2022 is to be accepted and the proceedings has to be continued taking note of the contentions stated in the written statement. Petitioner has specifically contended that on 12.01.2022 when the case was taken up, the trial court was not ready to accept the written statement filed by the petitioner and took a stand that the orders of the Apex Court produced as Exts.P2 and P3 are not applicable in the

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