Kerala High Court
Hrishikesan Namboothiripad vs Pny Sabha Finance Limited on 5 March, 2021
Author: T.V.Anilkumar
Bench: T.V.Anilkumar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR
FRIDAY, THE 05TH DAY OF MARCH 2021 / 14TH PHALGUNA, 1942
OP(C).No.1971 OF 2020
PETITIONERS/RESPONDENTS:
1 HRISHIKESAN NAMBOOTHIRIPAD
AGED 71 YEARS
S/O. LATE N.M.KADAMBAN NAMBOOTHIRIPAD,
NADUVATH MANA,
PALAPPURA P.O.,
PALAKKAD ,PIN-679 103
2 VIVEK N.M.,
S/O. HRISHIKESAN NAMBOOTHIRIPAD,
NADUVATH MANA,
PALAPPURA P.O.,
PALAKKAD ,PIN-679 103
BY ADVS.
SRI.K.S.BHARATHAN
SRI.ALPHIN ANTONY
SRI.AADITHYAN S.MANNALI
SRI.VISAKH ANTONY
SRI.ABEL ANTONY
SRI.CHRISTINE MATHEW
RESPONDENT/PETITIONER:
PNY SABHA FINANCE LIMITED
N.B.F.C REGISTERED UNDER
RESERVE BANK OF INDIA),
ANTHIKADU,
TRICHUR,
REPRESENTED BY ITS DIRECTOR,
K.T NARAYANAN,PIN-680 641
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 05.03.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(C).No.1971 OF 2020
2
JUDGMENT
Dated this the 5th day of March 2021 The petitioners are the respondents in Ext.P1 Arbitration O.P. No.16/2018. This O.P. is filed for issue of direction to furnish copy of Arbitral award passed in Arbitration O.P No.16/2018.
2. I heard the learned counsel for the petitioner. Referring to Ext.P4 letter addressed to him by the respondent, it is contended that the award was already passed in O.P. Arbitration No.16/2018. According to the learned counsel for the petitioner, as per Section 31(5) of the Arbitration and Conciliation Act, 1996, it is the duty of the Arbitrator to deliver signed copy of the award to the parties enabling them to pursue appropriate reliefs under the Act.
3. After having heard the learned counsel for the petitioner, I am of the view that, the request made in this O.P. is just and reasonable.
In the result, O.P. is allowed calling upon the Arbitrator in O.P No.16/2018 to deliver signed copy of the award to the petitioner in accordance with law.
Sd/-
T.V.ANILKUMAR JUDGE SMF OP(C).No.1971 OF 2020 3 APPENDIX PETITIONERS' EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE CLAIM PETITION FILED BY THE RESPONDENT HEREIN BEFORE THE HON'BLE ARBITRATOR, THRISSUR UNDER SECTION 23 OF THE ARBITRATION AND CONCILIATION ACT 1996 DATED 28.06.2018 EXHIBIT P2 TRUE COPY OF THE STATEMENT OF DEFENCE FILED BY THE PETITIONERS DATED 03.12.2018 BEFORE THE HON'BLE ARBITRATOR, THRISSUR EXHIBIT P3 TRUE COPY OF LETTER PREFERRED BEFORE THE HON'BLE ARBITRATOR, THRISSUR DATED 15.07.2019 EXHIBIT P4 TRUE COPY OF THE LETTER FROM RESPONDENT TO 1ST PETITIONER DATED 07.12.2020 //TRUE COPY// PA TO JUDGE