M/S.Kotak Mahindra Prime Ltd. v. Jayakumari L.
Case brief
What is this about?
COURT OF KERALA AT ERNAKULAM PRESENT: THE…
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW
MONDAY, THE 18TH DAY OF JANUARY 2016/28TH POUSHA, 1937
OP(C).No. 1119 of 2015 (O)
AGAINST THE JUDGMENT IN CMA 26/2015 of II ADDL.DISTRICT COURT,KOLLAM DATED 09.04.2015
PETITIONER(S): --------------
M/S.KOTAK MAHINDRA PRIME LTD. 27-BKC, C-27, G-BLOCK BANDRA EAST, MUMBAI MAHARASHTRA HAVING ITS BRANCH OFFICE, GROUND FLOOR S.I.WHITE HEAVEN, VELLAUYAMBALAM THIRUVANANTHAPURAM-695 010 REPRESENTED BY ITS AUTHORIZED SIGNATORY
BY ADVS.SRI.NAGARAJ NARAYANAN SRI.SAIJO HASSAN SRI.PRATHAP PILLAI SRI.BENOJ C AUGUSTIN SRI.SEBIN THOMAS SRI.VIVEK V. KANNANKERI SRI.VISHNU BHUVANENDRAN SRI.S.SAJEEB
RESPONDENT(S):
1. JAYAKUMARI L. 559, THEKKUMKARA KIZHAKKATHIL, POOYAPPALLI EAST KOLLAM-691537 2. R.K. SOMAN, ARBITRATOR, LEKSHMI BUILDING, MALLOOR ROAD, VANCHIYOOR THITUVANATHAPURAM-695 035
R1 BY ADV. SMT.G.VIDYA
THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 18-01-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(C).No. 1119 of 2015 (O)
APPENDIX
PETITIONER(S)' EXHIBITS
------------------------
| EXT.P1 : | TRUE COPY OF THE RESOLUTION DATED 21/03/2011 OF THE BOARD OF DIRECTORS FO THE PETITIONER COMPANY |
|---|---|
| EXT.P2 : | TRUE COPY OF THE DETAIL REPORT OF THE TOTAL AMOUNT RECEIVABLE UNDER LOAN WAS ISSUED BY THE PETITIONER COMPANY TO THE 1ST RESPONDENT VIDE ACCOUNTS COPY DATED 22/4/2015 |
| EXT.P3 : | TRUE COPY OF THE ACCOUNT STATEMENT DATED 22/04/2015 ISSUED BY THE PETITIONER COMPANY TO THE 1ST RESPONDENT |
| EXT.P4 : | TRUE COPY OF THE CLAIM PETITION FILED BY THE PETITIONER COMPANY BEFORE THE ARBITRATOR DATED 23/12/2014 |
| EXT.P5 : | TRUE COPY OF THE I.A 12/2014 IN ARB.CASE NO.32/2014 |
| EXT.P6 : | TRUE COPY OF THE ORDER DATED 24.10.2014 OF THE 2ND RESPONDENT ARBITRATOR |
| EXT.P7 : | TRUE COPY OF THE APPEAL IS FILED AS C.M.A.NO. 26/2015 |
| EXT.P8 : | TRUE COPY OF THE OBJECTION DATED 30.3.2015 FILED BY THE PETITIONER COMPANY BEFORE THE HONOURABLE DISTRICT COURT- III, KOLLAM |
| EXT.P9 : | TRUE COPY OF THE ORDER DATED 09/04/2015 IN C.M.A.NO26/2015 |
| EXT.P10: | TRUE COPY OF THE STATEMENT OF ACCOUNTS AS ON 09.06.2015 |
| RESPONDENT ---------- |
(S)' EXHIBITS NIL -------------- |
//TRUE COPY//
P.A TO JUDGE
vdv
K.ABRAHAM MATHEW, J.
=======================
O.P.(C) No.1119 of 2015
============================ Dated this the 18th day of January, 2016
JUDGMENT
The matter has been settled at mediation. In the result,
this original petition is disposed of recording compromise. The settlement between the parties is made part of this judgment.
Sd/-
K.ABRAHAM MATHEW , JUDGE
vdv/18/01/16
M/s. Kotak Mahindra Prime Ltd.
Jayakumari L.
R.K. Soman
K. Abraham Mathew
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court