Kerala High Court
Muthoot Vehicle & Asset Finance Limited vs V.P.Pokkar on 18 September, 2017
Author: Anil K.Narendran
Bench: Anil K.Narendran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
MONDAY, THE 18TH DAY OF SEPTEMBER 2017/27TH BHADRA, 1939
OP(C).No. 2713 of 2017 (O)
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PETITIONER:
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MUTHOOT VEHICLE & ASSET FINANCE LIMITED,
FORMERLY KNOWN AS MUTHOOT LEASING AND FINANCE
LTD.,
KURIAN TOWERS, OPPOSITE SARITHA THEATRE,
BANERJI ROAD, ERNAKULAM,
REPRESENTED BY ITS POWER OF ATTORNEY HOLDER
MADHU E.,
AGED 40, S/O.KELAPPAN, EDAVATH HOUSE,
KARAYAD P.O.,
MEPPAYUR VIA, CALICUT.
BY ADVS.SRI.C.S.MANILAL
SRI.S.NIDHEESH
RESPONDENTS:
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1. V.P.POKKAR,
VIRAPPOYIL HOUSE, KOTTAPALLI,
VADAKARA-673101.
2. V.P.PATHU,
THENGULLATHIL, THALIYIL P.O.,
KUTTIADI, KOZHIKODE-673508.
3. SAKHARIA,
UTHARAKANDIYIL HOUSE, THAYIL P.O.,
KUTTIADI, KOZHIKODE-673508.
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
18-09-2017, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
OP(C).No. 2713 of 2017 (O)
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APPENDIX
PETITIONER'S EXHIBITS
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EXHIBIT P1 TRUE COPY OF THE E.P.NO.391/16 IN
A.R.109/09 ON THE FILE OF ADDITIONAL DISTRICT COURT-IV,
KOZHIKODE.
RESPONDENTS' EXHIBITS
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NIL
//TRUE COPY//
P.A TO JUDGE
ab
ANIL K. NARENDRAN, J.
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O.P(C) No.2713 of 2017
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Dated this the 18th day of September, 2017
J U D G M E N T
The petitioner, who was a decree holder in A.R No.109/2009 on the file of the Additional District Court-IV, Kozhikode is before this Court in this Original Petition seeking an order directing the said court to finalise E.P No.391/2016 within a period of six months or such other period to be fixed by this Court.
2. On 31.8.2017 when this Original Petition came up for admission, this Court directed the Registry to call for a report from the Additional District Judge-IV, Kozhikode as to the time limit required for disposal of E.P No.391/2016. Pursuant to the said direction a report dated 14.9.2017 is received, wherein it has been stated that on 3.8.2017 the court entertained certain doubts regarding the identity of the property to be proceeded against and its ownership. The matter is thereafter being adjourned at the instance of the learned counsel for the decree holder. Now the execution petition stands posted to 27.9.2017 and that, as soon as the doubts are clarified, the execution O.P(C) No.2713 of 2017 :-2-:
petition can be proceeded with and proclamation and sale can be ordered. In the said report it has been stated that the entire proceedings can be completed within six months from the date on which the doubts are clarified by the learned counsel for the decree holder.
In such circumstances I deem it appropriate to dispose of this Original Petition with the following directions:
Within one month from this date, the decree holder shall furnish the clarification as sought for by the execution court to its satisfaction.
On such clarification is being furnished, the execution court shall proceed further with the matter and dispose of the same finally within a further period of six months.
Sd/-
ANIL K. NARENDRAN JUDGE //True Copy// P.A to Judge ab