Allowed

M/S Muthoot Vehicle and Asset Finance Ltd. v. Geo Wilson

Kerala HC23 Nov 2016OP(C)/2819/2016

Case brief

AI extract

What is this about?

The High Court of Kerala exercised powers under Article 226 to direct the District Court to dispose of an execution petition filed in 2011, which had been pending nearly five years. Based on a report from the District Judge, the Court mandated disposal within three months.

What did the court decide?

Directing the IVth Additional District Judge, Thrissur to dispose of EP.No.7/2011 within three months from 5.12.2016.

M/S Muthoot Vehicle and Asset Finance Ltd. Vs Geo… — 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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WEDNESDAY, THE 23RD DAY OF NOVEMBER 2016/2ND AGRAHAYANA, 1938

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OP(C).No. 2819 of 2016 (O)

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--------------------------EP. NO.7/2011 OF DISTRICT COURT, THRISSUR.

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PETITIONER(S):

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M/S MUTHOOT VEHICLE AND ASSET FINANCE LTD., MUTHOOT CHAMBERS, II FLOOR, OPP:SARITHA THEATRE, BANERJI ROAD, ERNAKULAM-18, REPRESENTED BY POWER OF ATTORNEY HOLDER AND MANAGER, MADHU E., S/O.LATE KELAPPAN, AGED 39 YEARS, EDAVATH HOUSE, KARAYAD P.O., CALICUT.

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BY ADV. SRI.SHIJU VARGHESE.

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RESPONDENT(S):

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1. MR.GEO WILSON,

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S/O.WILSON, KARATHARA HOUSE, PUTHOOR P.O., OLLUR, THRISSUR DISTRICT PIN-680 014.

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2. MR.SACHIDANANDAN, S/O.GOPALAN, PULIYATHUPARAMBI, ERAVIMANGALAM P.O., POLUKKAR, THRISSUR DISTRICT.

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3. JINCY,

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D/O.WILSON, KARATHARA HOUSE, PUTHOOR P.O., OLLUR, THRISSUR DISTRICT, PIN-680 014.

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4. MRS.THRESIA,

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W/O.WILSON, KARATHARA HOUSE, PUTHOOR P.O., OLLUR, THRISSUR DISTRICT, PIN-680 014.

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5. JULIE, D/O.WILSON, KARATHARA HOUSE, PUTHOOR P.O., OLLUR, TRICHUR, PIN-680 014.

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THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 23-11-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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rs.

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OP(C).No. 2819 of 2016 (O)

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APPENDIX

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PETITIONER'S EXHIBITS:-

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EXT.P1 COPY OF THE EP. NO.7/2011 DATED 19/03/2011.

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RESPONDENT'S EXHIBITS:- NIL.

//TRUE COPY//

P.S. TO JUDGE

rs.

K. RAMAKRISHNAN, J.

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....................................... O.P.(C).No.2819 of 2016

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Dated this the 23^rd day of November, 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.7/2011 pending before the IVth Additional District Court, Thrissur under Article 227 of the Constitution of India.

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It is alleged in the petition that the respondents have taken a loan from the petitioner and since they did not pay the amount, the case was referred for arbitration and an arbitration award has been obtained. Thereafter the petitioner filed Ext.P1 execution petition as EP.No.7/2011 before the District Court, Thrissur which was made over to the 4^th Additional District Court, Thrissur for disposal. But in spite of the fact that the execution petition is of the year 2011, it has not been disposed of so far. So, the petitioner has no other remedy except to approach this court seeking the following reliefs:

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“a. Issue a direction to the District Court, Thrissur to dispose of Ext.P1 petition within a time limit prescribed by this Hon'ble Court.

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b. Cost of the proceedings”.

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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 and time required for

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O.P.(C).No.2819 of 2016

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disposal of the same. Accordingly a report has been obtained which reads as follows:

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“In the above execution proceedings the properties were sold on 26.8.2014. Subsequently on 9.10.14, one Somasundaran Karippai filed E.A.No.556/14 under Order 21 Rule 90 and Section 151 of CPC to set aside the sale. On 25.10.14 the 1^st Judgment debtor has filed EA.588/14 under Order 21 Rule 90 and Section 151 of CPC to set aside the sale and the Eas a re pending for adjudication and are posted to 5.12.16. Both parties are not getting ready for enquiry. Sale is not confirmed as above petitions are pending.

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I require 3 months time for disposal of the execution proceedings including the above petitions. Hence this report is filed for appropriate orders.”

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Heard Sri.Shiju Varghese, learned counsel appearing for

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the petitioner, perused the report and dispensed with notice to others.

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Considering the fact that the execution petition is of the year 2011 and it is pending for nearly 5 years and also considering the report of the IVth Additional District Judge, this court feels that the petition can be disposed of after accepting the report. So the petition is disposed of as follows:

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The IVth Additional District Judge, Thrissur is directed to

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O.P.(C).No.2819 of 2016

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expedite the disposal of EP.No.7/2011 pending before that court as expeditiously as possible, at any rate, within three months from 5.12.2016, on the date on which the application for setting aside the sale is posted for enquiry as undertaken in the report.

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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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M/S Muthoot Vehicle and Asset Finance Ltd. v. Geo Wilson

Case brief

What is this about?

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M/S Muthoot Vehicle and Asset Finance Ltd. v. Geo Wilson

Case brief

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