High Court Kerala High Court

K.Kuttan vs Maharashtra Apex Corporation … on 22 December, 2009

Kerala High Court
K.Kuttan vs Maharashtra Apex Corporation … on 22 December, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

CRP.No. 556 of 2009()


1. K.KUTTAN,S/O. KARUMBAN, AGED 70
                      ...  Petitioner

                        Vs



1. MAHARASHTRA APEX CORPORATION LIMITED
                       ...       Respondent

2. LEELA K.W/O. KUTTAN, 'KARTHIKA'

3. RAJENDRAN, S/O. GOVINDAN, KADUVINAL P.O.

4. REJI UMMAN, S/O.UMMAN, AGE NOT KNOWN TO

                For Petitioner  :SRI.DR. V.N. SANKARJEE

                For Respondent  :SRI.V.J.JAMES

The Hon'ble MR. Justice S.S.SATHEESACHANDRAN

 Dated :22/12/2009

 O R D E R
              S.S.SATHEESACHANDRAN, J.
                  -------------------------------
                C.R.P.NO.556 OF 2009 (A)
                -----------------------------------
      Dated this the 22nd day of December, 2009

                          O R D E R

Revision is directed against the order in E.A.No.152 of

2002 in E.A.No.1 of 2009 in E.P.No.50 of 2003 in A.P.No.214

of 2001 on the file of the Additional District Court, Alappuzha.

Petitioner is the 2nd judgment debtor in the above execution

proceedings, which relate to the execution of an award passed

in an arbitration proceedings numbered as A.P.No.214 of

2001. In execution of that award, a property belonging to the

judgment debtor was brought to sale and purchased in auction

by the 4th respondent. After confirmation of the sale, a

petition was moved by the 2nd judgment debtor under Section

47 of the Code of Civil Procedure contending that the

application by the auction purchaser for delivery of the

property was barred by limitation. The court below, after

hearing both sides, found that the sale was confirmed only on

25.9.2008 and the petition for delivery was filed within the

CRP.556/09 2

time. In that view of the matter, the court found that the plea

canvassed that it was barred by limitation is unsustainable.

Perusing the impugned order with reference to the

submissions made by the counsel on both sides, the learned

counsel for the petitioner and also the learned counsel

appearing for the 4th respondent, I find that there is no

infirmity in the order passed by the court below. Revision

lacks merit, and it is dismissed.

S.S.SATHEESACHANDRAN
JUDGE

prp