Disposed

Aboobacker M.P. v. Muthoot Vehicles & Assets Finance Ltd.

Kerala HC22 Jan 2014OP(C)/4524/2013

Case brief

AI extract

What is this about?

The High Court of Kerala stayed an execution petition pending deposit of security by the petitioners. The court directed them to obtain the arbitration award and file a petition under Section 34 of the Arbitration and Conciliation Act, 1996.

What did the court decide?

Execution petition kept in abeyance contingent upon deposit of Rs. 75,000/- and filing of petition under Section 34 of the Act.

Aboobacker M.P. Vs Muthoot Vehicles & Assets Finance… — Execution and Attachment | Kerala HC (2014)

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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 N.K.BALAKRISHNAN

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TUESDAY, THE 17TH DAY OF DECEMBER 2013/26TH AGRAHAYANA, 1935

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OP(C).No. 4524 of 2013 (O)

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IN EP 37/2013 of ADDL.DISTRICT COURT, KOZHIKODE

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PETITIONER(S):

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1. ABOOBACKER M.P.

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S/O.MOIDEEN KOYA, HAFSA MANZIL, KODAMANAPARAMBU

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ELATHUR PO, KOZHIKODE 673 303

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2. SULFIKAR.M.V

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S/O.MUHAMMED KOYA, FATHIMA MANZIL, KOTTEDATH

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ELATHUR PO, KOZHIKODE 673 303

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3. MRS.RUCHILA.K

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W/O.ABOOBACKER, HAFSA MANZIL, KODAMANAPARAMBU

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ELATHUR PO, KOZHIKODE 673 303

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BY ADV. SRI.K.A.SALIL NARAYANAN

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RESPONDENT(S):

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1. MUTHOOT VEHICLES & ASSETS FINANCE LTD. (FORMERLY MUTHOOT LEASING FINANCE LTD.) MUTHOOT TOWERS, BANERJEE ROAD, ERNAKULAM 682 018.

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2. THE ARBITRATOR(THOMAS.T.VARGHESE) 57/3535, T.D.ROAD, ERNAKULAM 682 011.

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THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 17-12-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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OP(C).No. 4524 of 2013 (O)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT P1 COPY OF THE EXECUTION PETITION E.P.37/13 IN ARB.CASE 649/11 BEFORE THE FIRST ADDITIONAL DISTRICT COURT, KOZHIKODE.

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EXHIBIT P2 COPY OF THE COUNTER PREFERRED BY THE PETITIONERS TO EXHIBIT P1.

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RESPONDENT(S)' EXHIBITS

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--------------------------------------nil

// True copy //

PA to Judge

das

N.K.BALAKRISHNAN, J.

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========================== O.P.(C). No. 4524 of 2013

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===================================

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Dated this the 17^th day of December, 2013

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JUDGMENT

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Petitioners contended that they were not given any notice in the arbitration proceedings nor were they given copy of the award after the award was stated to have been passed by the Arbitrator.

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Learned counsel for the petitioners submits that since the parties did not obtain copy of the award, they could not challenge the award under Sec.34 of the Arbitration and Conciliation Act, 1996. Now the execution petition has been filed by the first respondent. E.P.37/2013 is pending before the first Addl. District Court. The amount, which is stated to be due from the petitioners is nearly ₹ 7,50,000/-. Considering all the aspects, this OP(C) is disposed of as stated below:

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-: 2 :-

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O.P.(C). No. 4524 of 2013

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The petitioners will deposit before the execution court a sum of 75,000/- (Rupees seventy five thousand only)₹ within one month from today. Execution petition shall be kept in abeyance till that date. If the petitioners are so advised they can get appropriate orders after filing petition under sec.34 of the Act. Petitioners can obtain copy of the award from the Addl.District Court so that they can move that court under Sec.34 of the Act.

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Sd/N.K.BALAKRISHNAN, JUDGE

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das

Aboobacker M.P. v. Muthoot Vehicles & Assets Finance Ltd.

Case brief

What is this about?

What did the court decide?

Aboobacker M.P. v. Muthoot Vehicles & Assets Finance Ltd.

Case brief

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