Kerala High Court
Shaji P John vs Shriram Transport Finance Co Ltd on 3 August, 2022
Author: C.S.Dias
Bench: C.S.Dias
OP(C) NO. 1251 OF 2022
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
WEDNESDAY, THE 3RD DAY OF AUGUST 2022 / 12TH SRAVANA, 1944
OP(C) NO. 1251 OF 2022
AGAINST THE ORDER IN I.A NO.2/2022 IN CMA(Arb) 63/2022 OF
DISTRICT COURT,THODUPUZHA
PETITIONER/RESPONDENT:
SHAJI P JOHN
AGED 55 YEARS
S/O JOHN, PORIMATTATHIL(H)
KANJIKUZHY P.O, KANJIKUZHY, IDUKKI-685606
CHAIRMAN, ROSEMEAD EDUCATIONAL TRUST
KANJIKUZHI, AALPPARA POST, IDUKKI, PIN - 685606
BY ADV L.RAJESH NARAYAN
RESPONDENT/PETITIONER:
SHRIRAM TRANSPORT FINANCE CO LTD
THODUPUZHA BRANCH, 1ST FLOOR, GEORGE TOWN
NEAR SIGNAL JUNCTION, VENGALLOOR, THODUPUZHA,
IDUKKI-685606
REP BY ITS AUTHORISED REPRESENTATIVE AND P.O.A
HOLDER
MS NEJU A.M, D/O MUHAMMADALI, PIN - 685606
BY ADVS.
C.HARIKUMAR.
SANDRA SUNNY(K/926/2020)
ARUN KUMAR M.A(K/1197/2021)
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
03.08.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
OP(C) NO. 1251 OF 2022
2
JUDGMENT
The original petition is filed, to set aside the order in I.A No.2/2022 in CMA (Arb)No.63/2022 (Ext.P5) of the Court of the District Judge, Thodupuzha.
2. The petitioner's case, in brief, is that he is the Chairman of an educational institution. He had availed financial assistance from the respondent to purchase two buses bearing Reg.Nos.KL-21-D-549 and KL6G-1123. Due to adverse financial conditions, the petitioner was disabled from paying the installments as per the conditions in the agreement executed between the parties. The respondent initiated arbitral proceedings by appointing a sole Arbitrator, who has passed an interim award under Section 17 (1)of the Arbitration and Conciliation Act, 1996. The respondent filed CMA (Arb) OP(C) NO. 1251 OF 2022 3 No.63/2022 before the court below, to enforce the interim award. The court below, by Ext.P5 order, had appointed an Advocate Commissioner who will at any time take possession of the bus bearing Reg. No.KL21D-549. The petitioner has not received any notice from the Arbitrator. The entire proceedings are vitiated. Nonetheless, the petitioner is prepared to pay off the entire outstanding amount to the respondent in installments. Hence the original petition.
3. Heard; Sri.Rajesh Narayan, the learned counsel appearing for the petitioner and Sri.C.Harikumar, the learned counsel appearing for the respondent.
4. When this original petition was taken up for consideration, Sri.Rajesh Narayan submitted that the petitioner is prepared to pay off the entire outstanding amount in equated monthly installments as fixed by this Court. The above-said submission was not seriously opposed by Sri.C.Harikumar, who submitted that an OP(C) NO. 1251 OF 2022 4 amount of Rs.7,37,620/- is outstanding from the petitioner. However, if the petitioner is prepared to pay off the entire amount in a lumpsum, the respondent is prepared to give a rebate and only an amount of Rs.5,67,957/- need be paid by the petitioner.
On a consideration of the pleadings and materials on record and after hearing the respective counsel appearing for the parties, in exercise of the supervisory powers of this Court under Article 227 of the Constitution of India, I dispose of the original petition in the following manner:
(i) The petitioner is permitted to pay the balance outstanding amount due to the respondent in ten equated monthly installments commencing from 1.9.2022.
OP(C) NO. 1251 OF 2022 5
(ii) In case the petitioner commits default in payment of any one installment, the respondent would be at liberty to proceed with the arbitral proceedings, in accordance with law.
ma/03.08.2022 Sd/- C.S.DIAS,JUDGE OP(C) NO. 1251 OF 2022 6 APPENDIX OF OP(C) 1251/2022 PETITIONER EXHIBITS Exhibit1 TRUE COPY OF THE STATEMENT OF ACCOUNTS WITH RESPECT TO THE VEHICLE BEARING REGN NO.KL-21 -D-549 Exhibit P2 TRUE COPY OF THE AFFIDAVIT AND PETITION DATED 31.5.2022 BEFORE THE HON'BLE CONSUMER DISPUTES REDRESSAL COMMISSION, IDUKKI Exhibit P3 TRUE COPY OF THE ORDER DATED 1.6.2022 IN I.A NO.1/2022 IN C.C NO.89/2022 OF THE HON'BLE CONSUMER DISPUTES REDRESSAL COMMISSION, IDUKKI Exhibit P4 TRUE COPY OF THE APPLICATION FILED UNDER S.17(2) OF THE ACT DATED 25.6.2022 IN CMA(ARB) NO.63/2022 BEFORE THE HON'BLE DISTRICT COURT, THODUPUZHA Exhibit P5 TRUE COPY OF THE ORDER IN I.A NO.2/2022 IN CMA(ARB) NO. 63/2022 DATED 29.6.2022 OF THE HON'BLE DISTRICT COURT, THODUPUZHA