The Court permitted the appellant to withdraw the Arbitration Appeal without prejudice and dismissed the appeal.
Permission granted to withdraw the arbitration appeal without prejudice; appeal dismissed as withdrawn.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN THURSDAY, THE 15TH DAY OF JUNE 2023 / 25TH JYAISHTA, 1945
ARB.A NO. 11 OF 2023
AGAINST THE ORDER DATED 13-04-2023 IN CMA(Arb) No.452/2021 OF ADDITIONAL DISTRICT COURT- VII, ERNAKULAM .
APPELLANT/PETITIONER:
MUTHOOT VEHICLE AND ASSET FINANCE LIMITED., MUTHOOT CHAMBERS, 2ND FLOOR, KURIAN TOWERS, BANERJI ROAD, ERNAKULAM, PRESENTLY HAVING ITS OFFICE AT KADAVANTHRA ERNAKULAM REPRESENTED BY ITS ASSISTANT MANAGER AND POWER OF ATTORNEY HOLDER ANILKUMAR S., S/O P.A. SREEDHARAN PILLAI, AGED 48 YEARS, ARAKKAL HOUSE, KIZHAKKEPRAM, NORTH PARUR, ERNAKULAM, PIN – 683 513. BY ADVS.SABU S.KALLARAMOOLA
& P.K.SIRAJ MEHABOOB
RESPONDENT/RESPONDENT:
JUSTIN JOSEPH, AGED 46 YEARS, S/O. JOSEPH, CHEMMANOOR HOUSE, PULLAZHI P. O., THRISSUR, PIN – 680 012. BY ADVS.S.DILEEP (KALLAR) & Dilip J. Akkara.
THIS ARBITRATION APPEALS HAVING COME UP FOR ADMISSION ON 15.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Sathish Ninan, J.
==============================
Arbitration Appeal No.11 of 2023
==========================
Dated this the 15th day of June, 2023
JUDGMENT
Learned counsel for the appellant seeks permission
to withdraw the arbitration appeal without prejudice to the rights.
Permission is granted. The arbitration appeal is dismissed as withdrawn without prejudice.
Sd/- Sathish Ninan, Judge
amk
ARB.A 11/2023
-: 2 :-
APPENDIX OF ARB.A 11/2023
PETITIONER ANNEXURES
Annexure -1 CERTIFIED COPY OF THE PROCEEDINGS OF THE HON'BLE ARBITRATOR, ADV.DIVYA B.NAIR IN ARBITRATION REFERENCE NO. 341/2022
Muthoot Vehicle and Asset Finance Limited.
Justin Joseph
Sathish Ninan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
