M/S. Muthoot Vehicle And Asset Finance Ltd v. Manikandan P.K

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.BHAVADASAN WEDNESDAY, THE 1ST DAY OF APRIL 2015/11TH CHAITHRA, 1937 OP(C).No. 949 of 2015 (O) -------------------------- E.P.NO.93/2010 OF DISTRICT COURT, PALAKKAD.

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PETITIONER:

------------------- 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 35 YEARS, ASST. MANAGER, MUTHOOT CHAMBERS, II FLOOR, OPP. SARITHA THEATRE, BANAERJI ROAD, ERNAKULAM - 18.

BY ADV. SRI.SHIJU VARGHEESE RESPONDENT(S):

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1. MANIKANDAN P.K, FATHER'S NAME AND AGE NOT KNOWN TO THE PETITIONER, VIJAYA NIVAS, VADAKKETHARA HOUSE, AKATHETHARA, PALAKKAD, PALAKKAD.P.O., PIN 678 01.

2. GEETHA P, FATHER'S NAME AND AGE NOT KNOWN TO THE PETITIONER, VIJAYA NIVAS, VADAKKETHARA HOUSE, AKATHETHARA, PALAKKAD, PALAKKAD.P.O., PIN 678 01.

3. AKATHETHARA SERVICE CO-OPERATIVE BANK LTD.NO.F 1514, AKATHETHARA, PALAKKAD, REPRESENTED BY ITS SECRETARY, PALAKKAD, PALAKKAD.P.O., PIN - 678 001.

THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 01-04-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: mbr/

OP(C).No. 949 of 2015 (O) ----------------------------------- APPENDIX PETITIONER EXHIBITS:

--------------------------------- EXHIBIT P1 :

TRUE COPY OF THE EXECUTION PETITION NO.93/2010 DATED 20.6.2010.

EXHIBIT P2 :

TRUE COPY OF EA NO.192/2013 DATED 6.6.2013.

EXHIBIT P3 :

TRUE COPY OF EA NO.199/2013 DATED 17.6.2013.

EXHIBIT P4 :

TRUE COPY OF EA NO.200/2013 DATED 17.6.2013.

EXHIBIT P5 :

TRUE COPY OF COUNTER STATEMENT DATED 8.7.2013. RESPONDENT'S EXHIBITS:

- NIL -------------------------------------- /TRUE COPY/ P.S. TO JUDGE mbr/

P.BHAVADASAN, J.

- - - - - - - - - - - - - - - - - - - - - - - - O.P.(C) No. 949 of 2015 - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 01st day of April, 2015

J U D G M E N T

The grievance voiced in this original petition is regarding pendency of a claim petition said to have been filed by the third party which remains unattended to and also the petition filed by the petitioner for delivery which too remains unattended to for the last 21 months. 2.

The petitioner seems to have obtained an arbitration award in his favour and it was put execution and proceedings were taken by him. The limited prayer in this original petition is for a direction to the court concerned to dispose of the claim petition said to have been filed by the third party and take such steps as are necessary to have the execution proceedings arrived at a conclusion. 3.

In the nature of the order that is proposed to be passed, it is felt that notice to the respondents is unnecessary.

O.P.(C) No. 949 of 2015 -2This petition is disposed of directing the court below to take Exts. P2 and P3 filed by the claim petitioner and the petitioner herein and dispose them of in accordance with law, after hearing all parties, as expeditiously as possible, at any rate, within a period of four months from the date of reopening of the court. Sd/- P.BHAVADASAN JUDGE ds //True copy// P.A. to Judge