Kerala High Court
K.P.Babu vs M/S.Shriram Transport Finance Company ...
Author: K. Harilal
Bench: K.Harilal
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.HARILAL
MONDAY, THE 27TH DAY OF JUNE 2016/6TH ASHADHA, 1938
OP(C).No. 1531 of 2016 (O)
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OP(ARB)647/2014 of I ADDL. DISTRICT COURT,
ERNAKULAM
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PETITIONER(S):
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K.P.BABU, S/O.PATHROSE,
RESIDING AT ADVENTIST HOUSE,
THAZHAVA P.O, KARUNAGAPPALLY TALUK,
KOLLAM DISTRICT.
BY ADVS.SRI.G.HARIHARAN
SRI.PRAVEEN.H.
SMT.A.ANJANA
SMT.T.T.SHANIBA
RESPONDENT(S):
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M/S.SHRIRAM TRANSPORT FINANCE COMPANY LTD.
[FORMERLY KNOWN AS SHRIRAM INVESTMENTS LTD],
NAZEEMA COMPLEX, HOSPITAL ROAD, KOLLAM,
REPRESENTED BY ITS AUTHORISED REPRESENTATIVE
VIMAL KRISHNAN B.S.
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION
ON 27-06-2016,THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
bp
OP(C).No. 1531 of 2016 (O)
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APPENDIX
PETITIONER(S)' EXHIBITS
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EXHIBIT P1: COPY OF THE AWARD PASSED BY THE SOLE
ARBITRATOR IN CONNECTION WITH A.C NO.37/2007
DATED 29.5.14.
EXHIBIT P2: COPY OF THE MEMORANDUM OF ORIGINAL PETITION
FILED UNDER SECTION 34 OF THE ARBITRATION AND
CONCILIATION ACT 1996.
EXHIBIT P3: COPY OF THE STAY PETITION FILED ON 3.7.14
ALONG WITH EXHIBIT P2 ORIGINAL PETITION BEFORE
THE DISTRICT COURT, ERNAKULAM.
EXHIBIT P4: COPY OF THE APPLICATION FILED BY THE
PETITIONER FOR CALLING THE RECORDS.
EXHIBIT P5: COPY OF THE NOTICE ISSUED FROM THE DISTRICT
COURT, KOLLAM EP NO. 511/2014 IN AC NO.37/2014
UNDER ORDER 21 RULE 37 OF THE CPC.
EXHIBIT P6: COPY OF THE DEMAND NOTICE DATED 1.12.12 ISSUED
BY THE JOINT RTO, KARUNAGAPPALLY.
EXHIBIT P7: COPY OF THE COMMON JUDGMENT MADE IN WA 553/13
AND WPC 10529/15 MADE ON 8.6.15.
RESPONDENT(S)' EXHIBITS : NIL.
//TRUE COPY//
P.A.TO JUDGE
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K. HARILAL, J.
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O.P. (C) No. 1531 of 2016-O
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Dated this the 27th day of June, 2016
JUDGMENT
The petitioner herein is the 1st respondent in O.P. (Arb) No.647/2014 filed before the District Court-II, Ernakulam, challenging an award passed by the Arbitrator in Arb. Case No.37/2007. In the meantime, the respondent filed E.P.No.511/2014 in A.C. No.37/2007 seeking execution of the award. Even though the petitioner had filed Ext.P3 petition for stay of execution proceedings, as early as on 3/7/2014 in he O.P. (Arb) No.647/2014, the same has not been considered so far. The grievance of the petitioner is that if the award is executed in E.P.No.511/2014, the reliefs sought for in the O.P. (Arb) No.647/2014 will become infructuous and thereby, the petitioner will be O.P. (C) No. 1531 of 2016 -: 2 :- put to irreparable injury and great loss. Hence the petitioner sought for a direction to the court to keep the execution proceedings in abeyance till the disposal of O.P. (Arb) No.647/2014 by the District Court-II, Ernakulam.
2. Heard the learned counsel for the petitioner.
3. According to the petitioner, he has filed O.P. (Arb) No.647/2014 challenging the award passed in A.C. No.37/2007 and filed Ext.P3 petition as early as on 3/7/2014; but the same has not been considered so far. As rightly submitted by the learned counsel for the petitioner, if the award is executed in E.P.No.511/2014, O.P. (Arb) No.647/2014 will become infructuous.
4. Having regard to the said fact, the District Court-II, Ernakulam, is directed to dispose of O.P. (Arb) No.647/2014, within a period of four months from today and all further proceedings in E.P.No.511/2014 in A.C.No.37/2007 on the files of the Principal District Court, Kollam, shall be kept in abeyance till the O.P. (C) No. 1531 of 2016 -: 3 :- disposal of O.P. (Arb) No.647/2014.
This Original Petition (Civil) is disposed of accordingly.
Sd/-
(K. HARILAL, JUDGE) Nan/ //true copy// P.S. to Judge