Madras High Court
K.Alfred vs Mr.Ramesh Iyer on 22 February, 2019
Bench: M.Sathyanarayanan, M.Nirmal Kumar
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.02.2019
CORAM:
THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN
and
THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR
Cont.P.No.235/2019
K.Alfred .. Petitioner
Vs.
1.Mr.Ramesh Iyer
Managing Director
M/s.Mahindra & Mahindra Financial Services
Limited, Tirpupathi House, New No.13
Kanniah Street, T.Nagar, Chennai 600 017.
2.Mr.Srinivasa Rao
S/o.Sathiyanarayanan
No.47, Balaji Nagar, 2nd Street
Virugambakkam, Chennai 600 092.
3.Mr.N.Sridaran
S/o.Narasiman
No.15, Arcot Street
T.Nagar, Chennai 600 015.
4.Mr.A.N.Neelakanda Pillai
S/o.Annamalai Pillai
No.4/116, Ramalakshmi Illam
Kannan Pudur, Chenbaka
Raman Pudur P.O.
Kanyakumari District 629304.
http://www.judis.nic.in
2
5.Mr.A.Srinivasan
Sole Arbitrator
No.121/3, NTR Street
Baba Foundation, Flat No.4
Rangarajapuram, Chennai 600 024.
6.Mr.R.Gonvidarajan
9th Assistant Judge,
City Civil Court
Madras High Court Compound
Chennai 600 104. .. Respondents
Prayer : Petition filed under 11 of the Contempt of Court Act, 1971, for
disobeying the order passed by the 23rd Metropolitan Magistrate Court,
Saidapet, in Crl.MP.No.6632/2007 on 03.12.2007 for the crime No.904/2007.
For Petitioner .. Mr.K.Alfred, Party-in-Person
ORDER
(Order of the Court was made by M.SATHYANARAYANAN, J) The petitioner, appearing as Party-in-person, claims to be the defacto complainant in Cr.No.904/2007 registered by R7 K.K.Nagar Police Station, Chennai City, and he filed Crl.MP.No.6632/2007 for return of Canon Camera, air Pump and white colour Maruti Omni Van and the said Court purported to have passed an order on 03.12.2007 u/s.451 Cr.P.C., for interim custody of the said properties subject to execution of bond that the articles shall be produced as and when required by the Court. The petitioner, alleging violation of the http://www.judis.nic.in 3 said order, came forward to file the present contempt petition and impleaded the following respondents:-
1.Mr.Ramesh Iyer Managing Director M/s.Mahindra & Mahindra Financial Services Limited, Tirpupathi House, New No.13 Kanniah Street, T.Nagar, Chennai 600 017.
2.Mr.Srinivasa Rao S/o.Sathiyanarayanan No.47, Balaji Nagar, 2nd Street Virugambakkam, Chennai 600 092.
3.Mr.N.Sridaran S/o.Narasiman No.15, Arcot Street T.Nagar, Chennai 600 015.
4.Mr.A.N.Neelakanda Pillai S/o.Annamalai Pillai No.4/116, Ramalakshmi Illam Kannan Pudur, Chenbaka Raman Pudur P.O. Kanyakumari District 629304.
5.Mr.A.Srinivasan Sole Arbitrator No.121/3, NTR Street Baba Foundation, Flat No.4 Rangarajapuram, Chennai 600 024.
6.Mr.R.Gonvidarajan 9th Assistant Judge, City Civil Court Madras High Court Compound Chennai 600 104.
http://www.judis.nic.in 4 2 The petitioner/party-in-person would submit that M/s.Mahindra and Mahindra Financial Services has instituted Arbitral Proceedings in respect of the financial facilities provided to him for the purpose of purchasing the Maruti Van and an exparte Award came to be passed by the Arbitrator, viz., the 5th respondent on 11.12.2009 and it is represented that the appeal against the said Award, is also said to have been pending.
3 A perusal of the typed set of documents filed along with the contempt petition would disclose that to execute the said exparte Award, execution petition has also been filed in E.P.No.245/2017 on the file of the Court of 9th Assistant City Civil Judge, Chennai and it was ordered on 19.09.2017 as against the petitioner/party-in-person, who is arrayed as the 1st respondent. The submission made by the petitioner/party-in-person is that despite the order of the learned XXIII Metropolitan Magistrate, Saidapet, Chennai dated 03.12.2007, for ordering return of the vehicle, it has not been returned and whereas, the 1st respondent has instituted arbitral proceedings which resulted in an exparte award and to execute the same, E.P., has also been filed and the 6th respondent who is the 9th Assistant Judge, City Civil Court, Chennai, has also passed an order in the Execution Petition and therefore, the acts of the respondents are contemptuous and hence, prays for appropriate orders.
http://www.judis.nic.in 5 4 The Court has considered the submission made by the petitioner/party-in-person and also perused the materials placed before it.
5 A perusal of the order dated 23.12.2007 passed by the learned 23rd Metropolitan Magistrate, Saidapet, Chennai, would disclose that only the Sub Inspector of Police attached to R7 K.K.Nagar Police Station has been arrayed as the sole respondent and in respect of the case registered by him in crime No.904/2007, the petitioner is an accused. Admittedly, none of the respondents, shown in the present contempt petition, have been arrayed as respondents. It is also to be pointed out at this juncture, that the said order was purported to have been passed u/s.451 Cr.P.C., only by way of an interim custody. The fact remains that M/s.Mahindra and Mahindra Financial Services, who gave loan to the petitioner/party-in-person, to purchase white colour Maruti Van, on account of default, committed by him, instituted arbitral proceedings in terms of the Agreement and the 5th respondent/Arbitrator has also passed an exparte Award on 07.05.2014 at Mumbai and to execute the same, EP.No.245/2017 was also filed on the file of the Court of 9 th Assistant City Civil Judge, Chennai and it was also ordered on 19.09.2017. As long as the arbitral award remains, it is always open to the concerned Financier to execute the Award. In the considered opinion of the Court, no act of contempt has been made out on the part of the respondents 1 to 6. http://www.judis.nic.in 6 M.SATHYANARAYANAN, J., AND M.NIRMAL KUMAR, J., AP 6 In the result, the contempt petition stands dismissed.
[M.S.N, J.] [M.N.K., J.]
22.02.2019
AP
To
1.Mr.Ramesh Iyer
Managing Director
M/s.Mahindra & Mahindra Financial Services Limited, Tirpupathi House, New No.13 Kanniah Street, T.Nagar, Chennai 600 017.
2.Mr.A.Srinivasan Sole Arbitrator No.121/3, NTR Street Baba Foundation, Flat No.4 Rangarajapuram, Chennai 600 024.
3.Mr.R.Gonvidarajan 9th Assistant Judge, City Civil Court Madras High Court Compound Chennai 600 104.
Cont.P.No.235/2019 http://www.judis.nic.in