Disposed

M/S. Muthoot Vehicle and Asset Finance Limited v. Kunhikrishnan

Kerala HC16 Oct 2012OP(C)/2682/2012

Case brief

AI extract

What is this about?

The High Court affirmed that the District Court of Thalassery has jurisdiction to enforce the award under Section 36 of the Arbitration and Conciliation Act, 1996, overriding the argument based on the Ernakulam seat. The Original Petition was disposed of.

What did the court decide?

The order of the court below is affirmed and the Original Petition is disposed of.

M/S. Muthoot Vehicle and Asset Finance Limited… — Civil Procedure and Limitation | 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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TUESDAY, THE 16TH DAY OF OCTOBER 2012/24TH ASWINA 1934

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OP(C).No. 2682 of 2012 (O)

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PETITIONER(S):

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MUTHOOT VEHICLE AND ASSETS FINANCE LIMITED IST FLOOR, COCHIN DENTAL CLINIC BUILDING, MARKET ROAD KOCHI-18, REP. BY ITS LEGAL OFFICER, RAJESHKUMAR.R AGED 35 YEARS, S/O.A.K. VASUDEVAN NAIR, VINU NIVAS PARANNUR.P.O, NARIKKUNI VIA, CALICUT.

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BY ADV. SRI.SHIJU VARGHEESE

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RESPONDENT(S):

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KUNHIKRISHNAN.M. AGE NOT KNOWN S/O. KUNHAMBU, NADUKKANDI HOUSE, KUNNIRIKKA PATHIRIYAD.P.O, KANNUR - 670 741.

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K. SHEELA, AGE NOT KNOWN

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W/O. KUNHIKRISHNAN,NADUKKANDI HOUSE, KUNNIRIKKA PATHIRIYAD.P.O, KANNUR - 670 741.

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SUJEESH BABU, AGE NOT KNOWN S/O. NANU NAIR, MURIKKALI HOUSE, KADIROOR.P.O KANNUR - 670643.

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THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 16-10-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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OP(C) NO. 2682/2012

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APPENDIX

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PETITIONER(S) EXHIBITS

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EXHIBIT P1	:	TRUE COPY OF THE HYPOTHECATION AGREEMENT DATED 19.03.2009.
EXHIBIT P2	:	TRUE COPY OF THE AWARD DATED 09.05.2011.
EXHIBIT P3	:	TRUE COPY OF THE EXECUTION PETITION NO. 174/2012 DATED 05.06.2012.
EXHIBIT P4	:	TRUE COPY OF THE AFFIDAVIT FILED IN THE EXECUTION PETITION NO. 174/2012 DATED 29.06.2012.
EXHIBIT P5	:	TRUE COPY OF THE ORDER IN EP NO. 174/2012 DATED 16.07.2012.
EXHIBIT P6	:	COPY OF THE JUDGMENT IN CRP (NPD) NO. 574/2011 OF THE HONOURABLE HIGH COURT OF MADRAS, DATED 26.08.2011.

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RESPONDENT(S) EXHIBITS : NIL

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/TRUE COPY/

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P.A. TO JUDGE.

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V. CHITAMBARESH, J

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OP(C) NO. 2682 OF 2012

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Dated this the 16^th day of October, 2012

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JUDGMENT

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The court below was correct in holding that the subject matter of the arbitration is at Kannur within the jurisdiction of the District Court of Thalassery. The mere fact that the seat of arbitrator is at Ernakulam will not clothe the award holder with the right to levy execution in the District Court at Ernakulam. I am fortified in this view by the judgment in Muralimohan C.K. Vs. M/s. Asok Finance Corporation and another [2008 (3) KLJ 1016].

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Therefore no question of transmitting the award from the court of the District Judge of Ernakulam to the court of the District Judge of Thalassery arises. The court below has followed the judgment in Kotak Mahindra Bank Ltd. Vs. Sivakama Sundari S. Narayanan S.B. Murthy of the High Court of Madras. The petitioner is free to enforce the arbitral award under Section 36 of the Arbitration and Conciliation Act, 1996 on the file of the court of the District Judge of Thalassery.

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OP(C) No. 2682/2012

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The order of the court below is affirmed subject to the above clarification and the Original Petition is disposed of.

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V. CHITAMBARESH JUDGE

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ncd

M/S. Muthoot Vehicle and Asset Finance Limited v. Kunhikrishnan

Case brief

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M/S. Muthoot Vehicle and Asset Finance Limited v. Kunhikrishnan

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