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2026 Supreme(Online)(Ker) 31699
IN THE HIGH COURT OF KERALA AT ERNAKULAM
Syam Kumar V.M., J
Startek Shipyards Pvt. Ltd. – Appellant
Versus
Union Of India – Respondent
OP(C) No. 3238 of 2016
For the Appellants/Petitioners: P.R. Venkatesh, P.C. Chacko, G. Keerthivas, P.R. Raja
For the Respondents: Rajagopalan.A.
An original petition filed to seek a stay of trial and directions for settlement of disputes becomes infructuous and is liable to be closed when the petitioner voluntarily states that the matter no longer requires judicial intervention.
Headnote:The petitioner filed an Original Petition seeking a stay of trial proceedings in a pending suit and a direction to the District Court to pass orders on an application for settlement under Section 89 of the Code of Civil Procedure. The petition relied upon previous judicial directions and representations made to the authorities regarding dispute resolution. The issue for consideration was whether the court should grant the requested stay and direct the disposal of pending interlocutory applications. The court did not reach a substantive decision on the merits, as the petitioner’s counsel informed the court that the matter had become redundant. The Original Petition stands closed as infructuous, following the request of the petitioner’s counsel.
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| 1. dismissal of petition due to matter becoming infructuous upon counsel's submission. (Para 1 , 2 , 3) |
JUDGMENT
This Original Petition is filed inter alia seeking to direct the learned District Judge to pass orders in IA No. 76/2016, Exhibit P7 and also stay the trial of the suit in OS No. 16/2011 till disposal of Exhibit P10 representation as per Exhibit P11 judgment and also await the outcome in the proceedings under Section 89 to be initiated as per Exhibit P7 IA No. 76/2016.
2. Today, when the matter is taken up for consideration, Advocate P.R. Venkatesh, learned counsel for the petitioner, submits that the matter has become infructuous and the Original Petition can be closed.
3. Recording the above submission, the Original Petition is closed as infructuous.
