Shaji a, S/O.Narayanan v. the Manager, Shri.Ram Transport Finance Co.Ltd

Kerala HC6 Nov 2013OP(C)/4006/2012

Case brief

AI extract

What is this about?

The High Court disposed of an original petition challenging an order referring parties to arbitration. The High Court recorded a post-mediation compromise wherein the parties agreed to withdraw all filed cases and settle the dispute amicably, thus closing the petition.

What did the court decide?

Disposal of the original petition by recording the compromise petition entered between the parties during mediation.

Shaji a, S/O.Narayanan Vs the Manager, Shri.Ram Transport Finance… — Arbitration | Kerala HC (2013)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR.JUSTICE P.N.RAVINDRAN

¶4

WEDNESDAY, THE 6TH DAY OF NOVEMBER 2013/15TH KARTHIKA, 1935

¶5

OP(C).No. 4006 of 2012 (O)

¶6

(OS 34/2012 OF SUB COURT, HOSDRUG)

¶7

PETITIONER:

¶8

SHAJI A, S/O.NARAYANAN AGED 37 YEARS AGED 37 YEARS, PUTHANPURA HOUSE, KOLAVAYAL AJANOOR VILLAGE, KOLAVAYAL POST, HOSDURG TALUK KASARAGOD DISTRICT.

¶9

BY ADVS.SRI.K.J.MOHAMMED ANZAR SRI.A.D.SURESH BABU SRI.K.ABDUL NASSAR

¶10

RESPONDENTS:

¶11

1. THE MANAGER, SHRIRAM TRANSPORT FINANCE CO.LTD KUNNARUVATH BUILDING, NORTH KOTTACHERY, KANHANGAD KASARAGOD DISTRICT - 671315.

¶12

2. THE CHIEF EXECUTIVE OFFICER SHRIRAM TRANSPORT FINANCE CO. LTD., 4TH FLOOR A WING AGGARWAL TRADE CENTRE, SECTOR 11 CBD, BELAPUR NAVI MUMBAI-400614.

¶13

R1,R2 BY ADV. SRI.RAJESH NAMBIAR

¶14

THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 06-11-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶15

OP(C).No. 4006 of 2012 (O)

¶16

APPENDIX

¶17

PETITIONER'S EXHIBITS:

¶18

EXT. P1: TRUE COPY OF THE PLAINT IN O.S.NO.34/2012 OF THE SUB COURT, HOSDRUG DATED 26.3.2012.

¶19

EXT.P2: AFFIDAVIT DATED 27.5.2010 IN I.A.NO.407/2012 IN O.S.NO.34/2012 ON THE FILES OF THE SUB COURT FILED BY THE AUTHORISED SIGNATORY OF THE RESPONDENTS.

¶20

EXT.P3: COUNTER DATED 3.9.2012 FILED BY THE PETITIONER IN EXT.P2 AFFIDAVIT.

¶21

EXT. P4: ORDER DATED 19.10.2012 IN I.A. NO.407/2012 IN O.S.NO. 34/2012 OF THE SUB COURT, HOSDRUG.

¶22

RESPONDENTS' EXHIBITS: NIL

// TRUE COPY//

PA TO JUDGE

Scl.

P.N. RAVINDRAN, J.

¶27

O.P.(C) No.4006 of 2012 -------------------------------Dated this the 6^th day of November, 2013

¶28

JUDGMENT

¶29

The petitioner is the plaintiff in O.S.No.34 of 2012 on the file of the Court of the Subordinate Judge of Hosdurg. The respondents are the defendants therein. The petitioner has in O.S.No.34 of 2012 prayed for a decree directing the defendants to pay the sum of Rs.1,46,065/- to him. Upon receipt of summons, the defendants entered appearance and filed I.A.No.407 of 2012 under section 8(1) of the Arbitration and Conciliation Act, 1996, to refer the parties to the arbitration. The petitioner opposed the said application by filing Ext.P3 objections. The trial court after considering the rival contentions, passed Ext.P4 order dated 19.10.2012 whereby, accepting the contentions of the respondents, it was held that the dispute between the parties has to be referred to the arbitration. The application was accordingly allowed and the parties were referred to the arbitration as provided in the hire purchase agreement. The said order is under challenge in this original petition filed under Article 227 of the Constitution of India.

¶30

O.P.(C) No.4006 of 2012

¶31

¶32

When the original petition came up for hearing before me on 26.9.2013, I referred the parties to the Nodal Officer, District Mediation Centre, Kasaragod for the purpose of exploring the possibilities of an out of court settlement. After mediation, the dispute between the parties was settled. The District Co-ordinator, District Mediation Centre, Kasaragod has forwarded the report of the mediator along with a compromise petition signed by the parties to this Court. The compromise petition discloses that the petitioner has entrusted the motor vehicle bearing Reg.No.KL-60-B-9571 to the respondents with the permission to sell it for maximum market price. The compromise petition also contains other terms including a stipulation that both sides have agreed to withdraw all the cases filed by them. The terms of the compromise petition are extracted below for easy reference:

¶33

“1. The petitioner entrusted the vehicle bearing Reg.No.KL-60-B-9571 to respondents today to sell the same for maximum market prize.

¶34

2. The petitioner should approach the insurance company to get the claim amount. If not settled there, approach appropriate court for the same. The respondents should assist the petitioner for the above matter.

¶35

3. After getting the claim amount the petitioner can take Rs.85,000/- (Eighty Five Thousand Only) and pay the balance amount to the respondents.

¶36

O.P.(C) No.4006 of 2012

¶37

¶38

4. Both side's agreed to withdraw all the cases filed by both parties.”

¶39

In view of the compromise entered into between the parties, I am of the opinion that no further orders are called for in the original petition. It is accordingly closed recording the compromise entered into between the parties. A copy of the compromise petition shall be appended to this judgment and the original thereof shall be preserved.

¶40

Sd/- P.N. RAVINDRAN JUDGE

¶41

Scl.

Shaji a, S/O.Narayanan v. the Manager, Shri.Ram Transport Finance Co.Ltd

Case brief

What is this about?

What did the court decide?

Shaji a, S/O.Narayanan v. the Manager, Shri.Ram Transport Finance Co.Ltd

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Parties & counsel

Coram

Case details

Similar cases

Joy Vs Ittianam

Madhavan Velappan Vs Arogya Mary

Sree Gokulam Chit and Finance Co. (P) Ltd. Vs Jobbey K. Mathew

Ddevanand Shenoy Vs M/S. M.V.J Foods

Reji P.Cherian Vs Muhammed

Raju @Rajan Vs P.K Vidyadharan