High Court of KeralaOP(C)/1774/2015disposed of

Haja K.Rahim v. M/S. Shriram Transport Finance Co. Ltd.

2015-07-24Honourable Mr. Justice B.Kemal Pasha3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA FRIDAY, THE 24TH DAY OF JULY 2015/2ND SRAVANA, 1937 OP(C).No. 1774 of 2015 (O) --------------------------- EP NO. 377/2013 IN ARBITRATION NO. 237/2011 OF DISTRICT COURT, THIRUVANANTHAPURAM ------------------- PETITIONER :

----------------------

1. HAJA K.RAHIM FLAT NO. 11A, NIKUNJAM HARMONY VELLAYAMBALAM-SASTHAMANGALAM ROAD THIRUVANANTHAPURAM - 695010.

2. ABDUL RAHIM FLAT NO. 11A, NIKUNJAM HARMONY VELLAYAMBALAM-SASTHAMANGALAM ROAD THIRUVANANTHAPURAM - 695 010.

BY ADV. SRI.V.A.VINOD RESPONDENTS :

-------------------------

1. M/S. SHRIRAM TRANSPORT FINANCE CO. LTD., REPRESENTED BY ITS BRANCH MANAGER, 4TH FLOOR CAPITOL CENTER, STATUE, THIRUVANANTHAPURAM - 695001.

2. ARBITRAL TRIBUNAL VANCHIYOOR, THIRUVANANTHAPURAM - 695035. (*CORRECTED) *CORRECTED AS -------------------------- K. VISWANATHAN NAIR ARBITRATOR, ARBITRAL TRIBUNAL VANCHIYOOR, TRIVANDRUM - 695 035 *ADDRESS OF THE 2ND RESPONDENT IS CORRECTED AS PER ORDER IN IA NO. 10693/2015 DATED 24/07/2015.

THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 24-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/-

OP(C).No. 1774 of 2015 (O) ------------------------------------- APPENDIX PETITIONERS' EXHIBITS :

------------------------------------- EXT. P1:- A TRUE COPY OF THE OBJECTION FILED BY THE PETITIONER IN EP NO. 377/2013 IN ARB. 237/11 ON THE FILES OF HON'BLE DISTRICT COURT, THIRUVANANTHAPURAM.

RESPONDENT(S)' EXHIBITS : NIL -------------------------------------------------------- //TRUE COPY// P.A. TO JUDGE Mn

B. KEMAL PASHA, J.

````````````````````````````````````````````````````````````` O.P.(C) No.1774 of 2015 ````````````````````````````````````````````````````````````` Dated this the 24th day of July, 2015

J U D G M E N T

~ ~ ~ ~ ~ ~ ~ ~ ~ According to the petitioners, they were not served with a copy of the Arbitral award for enabling them to file an appeal under 34 of the Arbitration and Conciliation Act, 1996. The petitioners are entitled to get a copy of the Arbitral award. The 2nd respondent is directed to serve a copy of the Arbitral award to the petitioner within 15 days from the date of receipt of a copy of this judgment. The execution proceedings shall stand stayed for a period of one month.

With the said observations, this O.P.(Civil) is disposed of.

Sd/- (B.KEMAL PASHA, JUDGE) aks/24/07 // True Copy // PA to Judge