Disposed

Gyanesh Kumar v. M/S.Sundaram Finance Ltd.

Kerala HC25 Jul 2016OP(C)/2763/2015

Case brief

AI extract

What is this about?

Writ petition under Article 227 challenging an execution attachment was dismissed on settlement. The court directed parties to record satisfaction in the execution court and lift attachment in the appellate court, declining to dispose of pending proceedings itself.

What did the court decide?

Directing the execution court to record full satisfaction based on settlement and directing the appellate court to lift the attachment; original petition disposed with observations.

Gyanesh Kumar Vs M/S.Sundaram Finance Ltd. — Writ and Judicial Review | 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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MONDAY, THE 25TH DAY OF JULY 2016/3RD SRAVANA, 1938

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OP(C).No. 2763 of 2015 (O)

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--------------------------E.P.NO.36/2015 IN OS.NO.205/2014 OF MUNSIFF'S COURT, SASTHAMCOTTA

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PETITIONER :

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GYANESH KUMAR, S/O.GOPALAKRISHNAN,AGED 27, PARAYIL KIZHAKKETHIL, PANAPETTY, PORUVAZHI P.O, KOLLAM - 690 520.

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BY ADVS.SRI.P.B.KRISHNAN

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SRI.P.M.NEELAKANDAN SRI.P.B.SUBRAMANYAN SRI.SABU GEORGE SRI.S.NITHIN (ANCHAL)

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RESPONDENT(S):

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1. M/S.SUNDARAM FINANCE LTD., NO.21, PATULLOS ROAD, CHENNAI - 600 002.

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2. THE BRANCH MANAGER, M/S.SUNDARAM FINANCE LTD., 11TH FLOOR,

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KRISHNA TOWER, VENDOR MUKKU, VADAKKEVILA, KOLLAM, PIN - 691 010.

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R1 & R2 BY ADV. SRI.VPK.PANICKER

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THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 25-07-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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sts

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OP(C).No. 2763 of 2015 (O)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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P1 - TRUE COPY OF THE PLAINT IN OS NO.205 OF 2014 MUNSIFFS COURT, SASTHAMCOTTA DATED 22.8.2014

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P2 - TRUE COPY OF THE COMPROMISE PETITION IN OS NO.205 OF 2014 MUNSIFFS COURT SASTHAMCOTTA DATED 6.12.2014

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P3 - TRUE COPY OF THE AWARD OF LOK ADALATH IN LOK ADALATH CASE NO. PCP.864/2014

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P4 - TRUE COPY OF THE E.P.NO.36 OF 2015 IN OS NO.205 OF 2014, MUNSIFFS COURT SASTHAMCOTTA DATED 25.9.2015

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P5 - TRUE COPY OF THE AWARD IN CP NO.RJ/SF/258/2014 DATED 29.6.2015

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P6 - TRUE COPY OF OP(ARB)NO.397 OF 2015, DISTRICT COURT, KOLLAM DT. 31-08-2015

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P7TRUE COPY OF THE OBJECTION TO IA NO.1727 OF 2015 IN OP(ARB)NO.397 OF 2015 DISTRICT COURT, KOLLAM DATED NIL.

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P8TRUE COPY OF THE RECEIPT ISSUED BY THE RESPONDENTS FOR PAYMENT OF RS.1,83,000/-

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RESPONDENT(S)' EXHIBITS: NIL

/TRUE COPY/

P.S.TO JUDGE

sts

K. RAMAKRISHNAN, J.

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.................................................. O.P.(C).No.2763 of 2015

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....................................................... Dated this the 25^th day of July, 2016.

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JUDGMENT

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The above original petition was filed under Article 227 of the Constitution of India for an expeditious disposal of the execution petition pending before the Munsiff Court, Sasthamcotta.

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In the meantime, the matter has been settled between the parties and they want a direction to be given to the court below to record settlement and lift the attachment already made as I.A.No.438/2016. The full satisfaction has to be recorded by the court in which execution petition is pending and the attachment will have to be lifted by the court which ordered attachment under section 9 of the Arbitration and Conciliation Act. So considering the circumstances, this court feels that the writ petition can be disposed of as follows:

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i. The petitioner is at liberty to move the execution court namely the Munsiff Court, Sasthamcotta in E.P.No.36/2015 in O.S.No.205/2014 for recording settlement and record full satisfaction and if such an application is filed, the court below is directed to record satisfaction in view of the settlement arrived at between the parties.

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ii. If the petitioner moves the District Court, Adhoc-II, Kollam to lift the attachment which is passed in OP.(Arb)No.397/2015 in view of the settlement, then the court below is directed to consider

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O.P.(C).No.2763 of 2015

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that application and pass appropriate orders without delay.

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iii. This court cannot dispose of the proceedings pending before that court invoking Article 227 of the Constitution of India after recording the compromise as requested for in the interim application filed for that purpose.

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The original petition is disposed of with the above directions and observations. Registry is directed to communicate a copy of this judgment to the Munsiff Court, Sasthamcotta and Additional District Court, Kollam immediately.

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Sd/-

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K. RAMAKRISHNAN, JUDGE.

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/true copy/

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P.S to Judge

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Gyanesh Kumar v. M/S.Sundaram Finance Ltd.

Case brief

What is this about?

What did the court decide?

Gyanesh Kumar v. M/S.Sundaram Finance Ltd.

Case brief

What is this about?

What did the court decide?

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