Disposed

N.P.Sajeev Mohan v. Kerala State Financial Enterprises Ltd.

Kerala HC7 Feb 2020WP(C)/1935/2020

Case brief

AI extract

What is this about?

The Kerala High Court directed the Registrar of Chitties to consider and pass orders on an appeal filed by the borrower against an arbitration award within three months.

What did the court decide?

Direction to the 4th respondent to take up, consider and pass orders on the appeal preferred by respondents 1 and 2 as against Ext.P1 Award, after hearing the parties, within a period of three months.

N.P.Sajeev Mohan Vs Kerala State Financial… — Pension and Retirement Benefits | Kerala HC (2020)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

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FRIDAY, THE 07TH DAY OF FEBRUARY 2020 / 18TH MAGHA, 1941

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WP(C).No.1935 OF 2020(N)

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PETITIONER:

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N.P.SAJEEV MOHAN AGED 53 YEARS S/O. PRABHAKARAN NAIR, GIRIJA BHAVAN, KANNIPPURAM, NEYYATTINKARA.

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BY ADVS. SRI.G.SUDHEER SRI.R.HARIKRISHNAN (H-308)

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RESPONDENTS:

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1 KERALA STATE FINANCIAL ENTERPRISES LTD.

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REPRESENTED BY ITS MANAGING DIRECTOR, BHADRATHA, MUSUEM ROAD, THRISSUR, PIN-660 020

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2 THE MANAGER, KERALA STATE FINANCIAL ENTERPRISES LTD, BALARAMAPURAM P.O, PIN-695 501, THIRUVANANTHAPURAM DISTRICT.

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3 THE REGISTRAR OF CHITTIES, OFFICE OF THE INSPECTOR GENERAL OF REGISTRAR, VANCHIYOOR, THIRUVANANTHAPURAM-695 012.

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*4 STATE OF KERALA REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, TAX DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001

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*ADDRESS OF THE 4TH RESPONDENT CORRECTED AS PER ORDER DATED 09.07.2020 IN I.A.NO.1/2020

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R1-2 BY SRI.SALIL NARAYANAN K.A., SC, KSFE LTD. GP - SMT. DIVYA BALAN

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.02.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.1935 OF 2020(N)

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JUDGMENT

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Dated this the 7th day of February 2020

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This writ petition is filed seeking the following prayers:

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“ i) Issue a writ of mandamus or any other appropriate writ order or direction, commanding and compelling the 3^rd respondent to consider and dispose of Ext.P4 within a time limit as prescribed by this Honourable Court.

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ii) In case if it is turned out that respondents 1 and 2 had preferred any appeal, direct the 4^th respondent to consider and dispose the same within a time limit.”

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Heard the learned counsel for the petitioner and the learned Standing Counsel appearing for the K.S.F.E.

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It is submitted by the learned counsel for the petitioner that since Ext.P1 has been issued by the 3^rd respondent and that the petitioner has sought execution of the same, the respondents are duty bound to honour Ext.P1 Award.

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The learned counsel appearing for the respondent submits that an appeal has been preferred as against Ext.P1 and the same is

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pending before the 4^th respondent.

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WP(C).No.1935 OF 2020(N)

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The learned counsel for the petitioner submits that there

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may be a direction to consider the appeal preferred by the respondents 1 and 2 within a time limit.

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Taking note of the contentions advanced, there will be a direction to the 4^th respondent to take up, consider and pass orders on the appeal, preferred by respondents 1 and 2 as against Ext.P1 Award, after hearing the parties, within a period of three months

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from the date of receipt of a copy of this judgment.

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The writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN

JUDGE

SVP

WP(C).No.1935 OF 2020(N)

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE AWARD NO. C-4 7264/2017 DATED 15.5.2019 PASSED BY THE ARBITRATOR OF CHGITS/NOMINEE OF REGISTRAR.

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EXHIBIT P2 TRUE COPY OF WRITTEN REQUEST SENT BY THE PETITIONER TO THE BRANCH MANAGER, KSFE, BALARAMAPURAM BRANCH DATED 20.5.2O19. EXHIBIT P3 TRUE COPY OF LETTER DATED 27.5.2019 SENT BY THE BRANCH MANAGER, KSFE, BALARAMAPURAM TO THE PETITIONER.

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EXHIBIT P4 TRUE COPY OF E.P. NO. 118842/2019 IN PETITION C4-7264/2017 FILED BY THE PETITIONER BEFORE THE I.G. OF REGISTRATION, KERALA DATED 18.11.2019.

N.P.Sajeev Mohan v. Kerala State Financial Enterprises Ltd.

Case brief

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N.P.Sajeev Mohan v. Kerala State Financial Enterprises Ltd.

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