Disposed

Muthoot Vehicle and Asset Finance Ltd. v. Sheeja

Kerala HC8 Dec 2016OP(C)/2687/2016

Case brief

AI extract

What is this about?

Petitioner sought intervention under Article 226 of the Constitution of India for the speedy disposal of an execution petition pending in the District Court, Kollam, for over two years. The Court directed the lower court to dispose of the matter within four months.

What did the court decide?

Direction to the 2nd Additional District Court, Kollam to dispose of EP No. 160/2014 within four months.

Muthoot Vehicle and Asset Finance Ltd. Vs Sheeja — Execution and Attachment | Kerala HC (2016)

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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 K.RAMAKRISHNAN

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THURSDAY, THE 8TH DAY OF DECEMBER 2016/17TH AGRAHAYANA, 1938

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OP(C).No. 2687 of 2016 (O)

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AGAINST THE ORDER/JUDGMENT IN EP 160/2014 of II ADDL.D.C. & ADDL.MACT,KOLLAM DATED

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PETITIONER(S):

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MUTHOOT VEHICLE AND ASSET FINANCE LTD., (FORMERLY KNOWN AS MUTHOOT LEASING AND FINANCE LIMITED), MUTHOOT CHAMBERS, 2ND FLOOR, OPP. SARITHA THEATRE COMPLEX, BANERJEE ROAD, ERNAKULAM, REPRESENTED BY ITS MANAGER AND POWER OF ATTORNEY HOLDER MADHU E., S/O. LATE KELAPPAN, AGED 40 YEARS, EDAVATH HOUSE, KARAYAD POST, MEPPAYYUR, CALICUT.

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BY ADV. SRI.SABU S.KALLARAMOOLA

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RESPONDENT(S):

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1. SHEEJA, W/O. SUDARSANAN, AGED ABOUT 45 YEARS, SHIBU BHAVAN, NEAR MINI CASHEW FACTORY, NALLILA P.O., PAZHANGALAM, KOLLAM.

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2. SUDARSANAN, S/O. KARTHYAYANI, LIBRARIAN, ALL INDIA RADIO SERVICE, QUARTERS NO. 1, VAZHUTHACADU P.O, TRIVANDRUM (KIZHAKETHIL HOUSE, PERINADU P.O., KOLLAM)

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THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 08-12-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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MLG

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OP(C).No. 2687 of 2016 (O)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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P1 TRUE COPY OF THE EXECUTION PETITION NO. 160/2014 PENDING BEFORE THE 2ND ADDITIONAL DISTRICT COURT, KOLLAM

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RESPONDENT(S)' EXHIBITS NIL

//TRUE COPY//

P.S.TO JUDGE

MLG

K. RAMAKRISHNAN, J.

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....................................... O.P.(C).No.2687 of 2016

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Dated this the 8^th day of December, 2016.

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JUDGMENT

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This is a petition filed by the petitioner seeking intervention of this court for speedy disposal of EP.No. 160/2014 pending before the 2^nd Additional District Court, Kollam under Article 227 of the Constitution of India.

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It is alleged in the petition that the respondents took a loan from the petitioner. Since they did not pay the amount, it resulted in appointment of an arbitrator and passing an award against them. Since the amount was not paid, the petitioner filed Ext.P1 E.P.160/2014 now pending before the 2^nd Additional District Court, Kollam. Though the parties appeared, the petition has not been disposed of so far. So the petitioner prays for intervention of this court seeking the following relief:

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“Issue a direction directing the 2^nd Additional District Court, Kollam to hear and dispose of Ext.P1 execution petition No.160/2014, immediately.”

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Considering the nature of relief claimed, this court felt that

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the petition can be disposed of after getting a report from the concerned court regarding the present stage of the case and time required for disposal of the same and accordingly a report has

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been called for and the 2^nd Additional District Judge, Kollam has sent a report which reads as follows:

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O.P.(C).No.2687 of 2016

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“In obedience to the reference cited above, I may submit that EP.No.160/2014 stands posted on 10.11.2016 for settlement of proclamation with a direction to decree holder to produce encumbrance certificate, valuation certificate etc. In the circumstances, I request 4 months time for completing the procedure and to dispose of the EP.

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Heard Sri. Sabu S. (Kallarammoola), counsel appearing for the petitioner and perused the report.

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Considering the fact that the case is of the year 2014 and also the fact that the execution petition is now posted for settlement of proclamation and the 2^nd Additional District Judge before whom the case is pending has expressed his willingness to dispose of the case within four months, this court feels that the petition can be disposed of as follows:

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The 2^nd Additional District Court, Kollam is directed to expedite the disposal of EP.No.160/2014 pending before that court as expeditiously as possible, at any rate, within four months from the date of receipt of this judgment after completing the formalities of effecting sale, confirmation of sale etc.

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Registry is directed to communicate a copy of this judgment to the court below at the earliest.

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Sd/-

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K. RAMAKRISHNAN, JUDGE.

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Muthoot Vehicle and Asset Finance Ltd. v. Sheeja

Case brief

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Muthoot Vehicle and Asset Finance Ltd. v. Sheeja

Case brief

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