Disposed

A. Chandrasekharan v. M/S. Sakthi Finance Ltd.

Kerala HC2 Nov 2012OP(C)/3628/2012

Case brief

AI extract

What is this about?

This order addressed an original petition challenging a warrant of attachment issued by the District Judge in Manjeri during execution of an arbitral award. The High Court directed the lower court to first adjudicate the petitioners' counter-objection alleging challenge to executability before resuming execution proceedings.

What did the court decide?

Directions issued to District Judge, Manjeri to adjudicate the counter/objection to the execution petition and continue execution proceedings thereafter.

A. Chandrasekharan Vs M/S. Sakthi Finance Ltd. — 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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FRIDAY, THE 2ND DAY OF NOVEMBER 2012/11TH KARTHIKA 1934

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OP(C).No. 3628 of 2012 (O)

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EP.18/2010 IN ARBITRATION CASE NO. 30/2009 of DISTRICT COURT,MANJERI

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PETITIONER(S):

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A. CHANDRASEKHARAN, S/O. KUTTAN 2/83, ALANKODE HOUSE, EZHUVATHURUTHY, ESWARAMANGALAM P.O., PONANI TALUK MALAPPURAM DISTRICT 679 573.

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P.T. BABU, S/O. MADAMBI, PADIKKAL THARAYEL HOUSE, ESWARAMANGALAM P.O., THAVANOOR VIA, PONANI TALUK, MALAPPURAM DISTRICT 679 573.

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BY ADV. SRI.P.CHANDRASEKHAR

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RESPONDENT(S):

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M/S. SAKTHI FINANCE LTD. REPRESENTED BY

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ITS GENERAL MANAGE (OPERATIONS), 62, NANJAPA ROAD, COIMBATORE, TAMIL NADU STATE.

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THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 02-11-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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OP(C) NO. 3628/2012

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APPENDIX

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PETITIONER(S) EXHIBITS

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EXHIBIT P1 : TRUE COPY OF EP 18/2010 FILED BY THE RESPONDENT BEFORE THE DISTRICT COURT, MANJERI. EXHIBIT P2 : TRUE COPY OF OBJECTION DATED 11.09.2012 FILED BY THE PETITIONERS IN EP 18/2010 FILED BY THE RESPONDENT BEFORE THE DISTRICT COURT, MANJERI. EXHIBIT P3 : TRUE COPY OF ORDER DATED 11.09.2012 IN EP NO. 18/2010 IN ARBITRATION CASE NO. 30/2009 OF THE COURT OF THE DISTRICT JUDGE, MANJERI.

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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. 3628 OF 2012

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Dated this the 2^nd day of November, 2012

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JUDGMENT

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The court below has by the order impugned issued warrant of attachment in execution of an award in an arbitration case. It is submitted that the petitioners/judgment debtors have already filed a counter to the execution petition. The executability of the award is challenged in the counter so filed by the petitioners.

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I direct the court of the District Judge of Manjeri to consider the counter/objection filed to E.P. No. 18/2010 in Arbitration Case No. 30/2009 on its file. Further proceedings in execution shall continue after the objection to the execution petition is considered as per law.

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No further directions are called for and the Original Petition is disposed of.

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V. CHITAMBARESH JUDGE

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ncd

A. Chandrasekharan v. M/S. Sakthi Finance Ltd.

Case brief

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A. Chandrasekharan v. M/S. Sakthi Finance Ltd.

Case brief

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