In a writ petition challenging a private company's financing arrangements and hypothecation agreement, the Hon'ble Court doubted maintainability. Due to a likelihood of settlement via mediation, the writ petition was disposed of without adjudication.
Writ petition disposed of; registry directed to attach settlement agreement copy.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
FRIDAY, THE 19TH DAY OF JULY 2019 / 28TH ASHADHA, 1941
WP(C).No.2675 of 2019
PETITIONER:
MOHANAN.A.A AGED 45 YEARS ALLIKKAL (H), CHITTANJOOR (PO), THRISSUR-680 523. BY ADVS. SRI.P.K.SIRAJ MEHABOOB SMT.V.S.SHILPA KALA
RESPONDENT:
M/S.MAHINDRA AND MAHINDRA FINANCIAL SERVICE LTD THADATHILAKATH BUILDING, YESUDAS ROAD, NEAR ICICI BANK, KUNNAMKULA-680 503, REPRESENTED BY ITS POWER OF ATTORNEY HOLDER/AUTHORISED OFFICER.
BY ADV. SRI.DEVAPRASANTH.P.J.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19.07.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.2675 of 2019 2
JUDGMENT
When this writ petition came-up for admission, the maintainability of the writ petition was doubted since the reliefs are sought against a private finance company in respect of hypothecation agreement entered into by and between the petitioner and the company.
Therefore the writ petition is disposed of accordingly. The Registry is directed to attach a copy of settlement agreement along with the judgment.
Sd/-
SHAJI P.CHALY JUDGE
LEK
WP(C).No.2675 of 2019 3
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE INTERIM ORDER RT NO.2270 DATED 16.10.2018 OF THE SOLE ARBITRATOR.
EXHIBIT P2 TRUE COPY OF THE LETTER ISSUED BY THE RESPONDENT DATED 12.12.2018.
RESPONDENT'S/S EXHIBITS: NIL
1 issue framed by the court
Whether a writ petition against a private finance company for breach of hypothecation agreement is maintainable.
Mohananan A.A.
M/s. Mahindra and Mahindra Financial Service Ltd.
Shaji P. Chaly
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
