IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 30512 of 2009(O)
1. M/S.MUTHOOT LEASING AND FINANCE LTD.,
... Petitioner
Vs
1. PURUSHOTHAMAN NAIR,
... Respondent
2. THANKAMMA, W/O.SREEDHARAN,
3. BABUKUTTAN.K.P.,
For Petitioner :SRI.C.S.MANILAL
For Respondent : No Appearance
The Hon'ble MR. Justice S.S.SATHEESACHANDRAN
Dated :28/10/2009
O R D E R
S.S.SATHEESACHANDRAN, J.
-----------------------------
W.P.(C).No.30512 OF 2009
--------------------------
Dated this the 28th day of October 2009
-------------------------------------
JUDGMENT
The writ petition is filed seeking the
following reliefs.
i) Issue appropriate direction to the 3rd
Additional District Court, Ernakulam to issue
certified copy of the judgment in O.P (Arb.)
No.282/2009 and also the order in Ext.P5
application.
ii) Issue appropriate order or direction
directing the 1st respondent not to alienate or
encumber the property having an extent of 35 cents
in Sy. No.386/8-1 of Naranganam Village,
Kozhencherry Taluk till the certified copy in O.P
(Arb.) 282/2009 is issued to the petitioner.
iii) Grant such other reliefs as this
Hon’ble Court may deem fit and proper in the facts
and circumstances of the case.
W.P.(C).No.30512 OF 2009 Page numbers
2. Petitioner had moved an application
under Section 9 of the Arbitration and Conciliation
Act 1996 hereinafter referred to as the Act against
the respondents before the Principal District
Court, Ernakulam. The above proceeding was
numbered as O.P (Arb.) No.282 of 2009 on the file
of that court in which on an application moved by
the petitioner an immovable property belonging to
the first respondent situate within the
jurisdiction of another court was ordered to be
attached. Respondents entered appearance and filed
objections to the application. Since the property
ordered to be attached was beyond the jurisdiction
of the court in which the application in the above
O.P was filed, it is submitted, the court below has
dismissed the O.P holding it has no jurisdiction to
entertain the proceeding under Section 9 of the
Act. Petitioner has applied for getting a copy of
the order passed by the court below, but, till date
it has not been furnished. Petitioner seeks
directions/orders to court below for issue of copy
of order at the earliest and also to keep alive the
W.P.(C).No.30512 OF 2009 Page numbers
order of attachment for a grace period till an
appeal is preferred against the order dismissing
his O.P.
3. Having regard to the submissions made
and taking note of the facts and circumstances
presented, I find no notice to the respondents is
necessary and hence it is dispensed with. I direct
the court below to issue copy of the order
dismissing O.P (Arb.) No.282/2009 to the
petitioner, if applied for, within a period of
three weeks from the date of receipt/production of
a copy of this judgment. Order of attachment
passed by the court below in the above O.P shall
remain effective to and alive for a period of one
month from the date of this judgment. Subject to
the above orders/directions the writ petition is
closed. Hand over a copy of the judgment to the
learned counsel for the petitioner on usual terms
and send a copy to the court concerned forthwith.
Sd/-
S.S.SATHEESACHANDRAN,
//TRUE COPY// JUDGE
vdv P.A TO JUDGE