Disposed

M/S.Indus Ind Bank Ltd. v. Ravi P.V.

Kerala HC31 Oct 2012OP(C)/213/2011

Case brief

AI extract

What is this about?

The court held that the Court of the District Judge of Thrissur is competent to entertain the execution petition for enforcement of an arbitration award against respondents residing in Thrissur, despite the award seat being in Chennai. The execution proceedings were directed to conclude without delay.

What did the court decide?

Directed the District Judge of Thrissur to entertain the execution petition for enforcement of the award dated 06.02.2009 in SGRTWCV No.268/2008 and conclude proceedings without delay.

M/S.Indus Ind Bank Ltd. Vs Ravi P.V. — Execution and Attachment | Kerala HC (2012)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE V.CHITAMBARESH

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WEDNESDAY, THE 31ST DAY OF OCTOBER 2012/9TH KARTHIKA 1934

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OP(C).No. 213 of 2011 (O)

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PETITIONER:

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M/S INDUS IND BANK LTD., A COMPANY INCORPORATED UNDER THE COMPANIES ACT,1956,HAVING REGISTERED OFFICE AT 2401 GENERAL THIMMAYYA ROAD, CANTONMENT, PUNAI-411 001 AND CORPORATE OFFICE @, SUDARSHAN BUILDINGS,86, CHAMIERS ROAD,ALWARPET,CHENNAI-600 018 AND STATE OFFICE AT II ND FLOOR, SHALOM TOWERS, EDAPPALLY, KOCHI-25, REPRESENTED BY ITS EXECUTIVE LEGAL, SHRI JAYRAJ.P.S., AGED 33, S/O SANKARA PILLAI.

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BY ADVS.SRI.C.VARGHESE KURIAKOSE SRI.ADEEP ANWAR SRI.ARJUN S.RAJ

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RESPONDENTS:

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1. RAVI.P.V,AGED S/O.UNNIAPPAN, PLAVINKOOTTATHIL HOUSE, PANAMUKKU, NEDUPUZHA.P.O,THRISSUR DISTRICT.PIN-681 213

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2. GEETHA.A.V,AGED 39, W/O.RAVI.P.V, PLAVINKOOTTATHIL HOUSE, PANAMUKKU, NEDUPUZHA.P.O THRISSUR DISTRICT.PIN- 681 213

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THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 31-10-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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MJL

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OP(C).No. 213 of 2011 (O)

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXT.P1	:	TRUE PHOTOSTAT COPY OF AWARD DATED 06.02.2009
EXT.P2	:	TRUE PHOTOSTAT COPY THE COVER CONTAINING ENDORCEMENT NO.ROC 8072/2010
EXT.P3	:	TRUE PHOTOSTAT COPY OF EXECUTION PETITION BEFORE DISTRICT COURT, THRISSUR ON 19.11.2010.
EXT.P4	:	TRUE PHOTOSTAT COPY OF THE VAKALATH
EXT.P5	:	TRUE PHOTOSTAT COPY OF THE DOCKET SHEET CONTAINING THE ENDORCEMENT OF RETURN OF THE EXECUTION PETITION

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RESPONDENTS' EXHIBTIS: NIL

/TRUE COPY/

P A TO JUDGE

MJL

V.CHITAMBARESH,J.

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= = = = = = = = = = =

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O.P.(C) No. 213 of 2011

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= = = = = = = = = = = == = = = = Dated this the 31^st day of October, 2012

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J U D G M E N T

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No doubt that the seat of the arbitrator is at Chennai in

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Tamil Nadu. But then the respondents against whom the award was passed are residing at Thrissur. Therefore the Court of the District Judge of Thrissur is well competent to entertain the execution petition for enforcement of the award . This will be in consonance with Section 2(1)(e) and Section 36 of the Arbitration and Conciliation Act, 1996. Moreover the said Act does not provide for transmitting the award from one Principal Civil Court to another.

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The Court of the District Judge of Thrissur is therefore directed to entertain the execution petition for enforcement of the award in SGRTWCV No.268/2008. The proceedings shall be taken to a logical end without delay.

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The Original Petition (Civil) is disposed of. No costs.

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V.CHITAMBARESH. JUDGE

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smm

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M/S.Indus Ind Bank Ltd. v. Ravi P.V.

Case brief

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M/S.Indus Ind Bank Ltd. v. Ravi P.V.

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