A judgment debtor sought consideration of her objection to an execution petition arising from an arbitral award. The High Court directed the Additional District Judge-I, Mavelikkara to consider the objection and pass appropriate orders within one month.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
TUESDAY, THE 9TH DAY OF JANUARY 2024 / 19TH POUSHA, 1945
OP(C) NO. 2820 OF 2023
AGAINST THE ORDER/JUDGMENT ARBITRATION NO. 2643/2015 OF ADDITIONAL
DISTRICT COURT-I,MAVELIKKARA
PETITIONER/JUDGMENT DEBTORNO.3/3RD RESPONDENT:
KUNJAMMA AGED 80 YEARS W/O.LATE. ABRAHAM, 433, CHULAKUNNEL, NEAR ST.MARYS CHURCH, CHERUKOLE.P.O, MAVELIKARA, ALAPUZHA, PIN - 690104 BY ADVS. P.R.HARIKUMAR AMEENA M.S ANANTHU S. HARI
RESPONDENTS/DECREE HOLDER & JUDGEMENT DEBTOR 1 & 2/CLAIMANT &
RESPONDENTS 1 & 2:
1 M/S. CHOLAMANDALAM INVESTMENT AND FINANCE COMPANY LTD. DARE HOUSE NO.2, N.S.C BOSS ROAD PARRYS, CHENNAI-600 001, REPRESENTED BY ITS POWER OF ATTORNEY HOLDER - JUSTIN GEORGE, AGED 42 YEARS, S/O.GEORGE, 2ND FLOOR, THEKKEKKARA, COMMERCIAL CENTER, CIVIL LANE ROAD, PADIVATTOM, EDAPPALLY P.O., ERNAKULAM, PIN - 682024 2 PRAKASIYA AGED 44 YEARS W/O BINOY, 433, CHULAKUNNEL, CHERUKOLE. P.O, MAVELIKARA, ALAPUZHA DISTRICT, PIN - 690104 3 BINOY AGED 52 YEARS S/O.LATE ABRAHAM, 433, CHULAKUNNEL, NEAR ST.MARYS CHURCH, CHERUKOLE.P.O, MAVELIKARA, ALAPUZHA DISTRICT, PIN - 690104 BY ADV BINOY VASUDEVAN
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 09.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P.(C).No. 2820 of 2023
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J U D G M E N T
Dated this the 9th day of January, 2024
The limited prayer of the petitioner in this Original Petition is to consider petitioner's objection preferred in E.P.No.133/2019 pending before the Additional District Court-I, Mavelikkara, on merits. The petitioner herein is the 3rd judgment debtor in the said Execution Petition.
2. Heard the learned counsel for the petitioner
and the respondents.
3. Learned counsel for the petitioner submits
that the Execution Petition is preferred from an arbitral award arising from Arbitration Case No.2643/2015. According to the learned counsel, no notice was issued to the petitioner in the arbitral proceedings, thereby vitiating the arbitral award. Incorporating various objections
O.P.(C).No. 2820 of 2023 ..3..
to the E.P, the petitioner filed Ext.P4 before the executing court. Petitioner seeks consideration of the said objection on merits.
4. Having heard the learned counsel appearing on both sides, this Court directs the learned Additional District Judge-I, Mavelikkara to consider Ext.P4 objection and to pass appropriate orders, in accordance with law, within a period of one month from the date of receipt of a copy of this judgment.
The Original Petition will stand disposed of, as above.
Sd/- C. JAYACHANDRAN JUDGE
TR
O.P.(C).No. 2820 of 2023
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APPENDIX OF OP(C) 2820/2023
PETITIONER EXHIBITS
Exhibit- P1 TRUE COPY OF THE EXPARTEE AWARD OF THE SOLE ARBITRATOR IN ARBITRATION CASE NO.CTM 2643/2015, DATED 24-12-2015 Exhibit- P2 TRUE COPY OF THE E.P.NO.133/2019, FILED BEFORE THE ADDL. DISTRICT COURT-1, MAVELIKARA, DATED 15-07-2019. Exhibit- P3 TRUE COPY OF THE PROCLAMATION NOTICE IN E.P.133/2019 IN ARBITRATION CASE NO.CTM 2643/2015, UNDER ORDER 21 RULE 66, FROM THE ADDL. DISTRICT COURT-1, MAVELIKARA, DATED 10/7/2023. Exhibit- P4 TRUE COPY OF THE OBJECTION IN E.P.133/2019 IN ARBITRATION CASE.2643/2015, FILED BY THE PETITIONER ALONG WITH OTHER JUDGEMENT DEBTORS, DTD. 10-03-2021
1 issue framed by the court
Should the executing court consider and decide the judgment debtor's Ext.P4 objection in E.P.No.133/2019 on merits?
Kunjamma
M/s. Cholamandalam Investment and Finance Company Ltd.
Prakasiya
Binoy
C. Jayachandran
As recorded by the court registry
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