Abdul Hameed v. Muthoot Vehicle And Asset Finance Ltd
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA TUESDAY, THE 2ND DAY OF JUNE 2015/12TH JYAISHTA, 1937 OP(C).No. 1043 of 2015 (O) ---------------------------------------- E.P.NO.46/2012 OF IIIRD ADDITIONAL DISTRICT COURT, THRISSUR ------------- PETITIONER(S)/RESPONDENT :
------------------------------------------------ ABDUL HAMEED, S/O.PATHUMMOL, NALAKATHU HOUSE, PAVARATTY P.O., THRISSUR DISTRICT.
BY ADVS.SRI.S.SANAL KUMAR SMT.BHAVANA VELAYUDHAN SMT.T.J.SEEMA RESPONDENT(S)/CLAIMANT :
-------------------------------------------- MUTHOOT VEHICLE AND ASSET FINANCE LTD., (FORMERLY MUTHOOT LEASING AND FINANCE LTD.), MUTHOOT CHAMBERS, KURIEN TOWERS, BANERJI ROAD, ERNAKULAM - 682 018.
BY ADV. SRI.C.S.MANILAL THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 02-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Msd.
OP(C).No. 1043 of 2015 (O) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1:
TRUE COPY OF THE AWARD IN ARB.REF.NO.119/2010 DATED 12/02/2011.
EXT.P2:
TRUE COPY OF THE CERTIFICATE ISSUED BY THE GOVT.MEDICAL COLLEGE HOSPITAL, THRISSUR DATED 20/04/2011.
EXT.P3:
TRUE COPY OF THE JUDGMENT OF THE J.F.C.M., THRISSUR IN C.C.NO.2198/2009 DATED 17/09/2014.
EXT.P4:
TRUE COPY OF THE NOTICE DATED 18/06/2014 ISSUED BY THE DISTRICT COURT, THRISSUR.
EXT.P5:
TRUE COPY OF THE OBJECTION DATED 21/10/2014 FILED BY THE PETITIONER BEFORE THE DISTRICT COURT, THRISSUR. EXT.P6:
TRUE COPY OF THE PROOF AFFIDAVIT FILED BY THE PETITIONER BEFORE THE IIIRD ADDITIONAL DISTRICT COURT, THRISSUR DATED 17/03/2015.
RESPONDENT(S)' EXHIBITS ----------------------------------------- NIL //TRUE COPY// P.A.TO JUDGE.
Msd.
B. KEMAL PASHA, J.
````````````````````````````````````````````````````````````` O.P.(C) No.1043 of 2015 ````````````````````````````````````````````````````````````` Dated this the 2nd day of June, 2015
J U D G M E N T
~ ~ ~ ~ ~ ~ ~ ~ ~ It seems that the award under execution is being challenged by the petitioner in execution proceedings. It is the case of the petitioner that substantial amounts were already paid in the matter and the action initiated by the respondent against the petitioner on a cheque that was dishonoured has also ended in favour of the petitioner. The criminal case filed alleging an offence under Section 138 of the Negotiable Instruments Act, 1881, has ended in acquittal of the petitioner. At the same time, it seems that the petitioner has not challenged the arbitral award passed in the matter. It is open to the petitioner to challenge the same in accordance with law. The execution proceedings in the
OPC.1043/2015 : 2 :
matter shall be kept in abeyance for one month for enabling the petitioner to move appropriate forum by challenging the award.
With the said observations, this OP(Civil) is disposed of.
Sd/- (B.KEMAL PASHA, JUDGE) aks/02/06 // True Copy // PA to Judge