IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 32180 of 2008(E)
1. T.V.PRIYADARSAN, THOTTATHIL HOUSE
... Petitioner
Vs
1. THE KERALA TRANSPORT DEVELOPMENT
... Respondent
2. SRIRAM TRANSPORT FINANCE COMPANY LTD.,
3. THE MANAGER, THE SREE RAM
For Petitioner :SRI.K.RAVEENDRAN
For Respondent : No Appearance
The Hon'ble MR. Justice V.GIRI
Dated :12/11/2008
O R D E R
V. GIRI, J.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
W.P.(C)No. 32180 OF 2008
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Dated this the 12th day of November, 2008
JUDGMENT
A vehicle purchased by the petitioner was financed by the
Pathanamthitta Branch of the 1st respondent. It seems that there is
default in repayment of the loan amount. Though the petitioner
submits that he is ready and willing to pay the balance amount as per
the agreement, the respondents have not accepted the same. It
seems that the 2nd respondent is also a party to the agreement.
Petitioner submits that there is an arbitration clause in the
agreement. This would entitle him to seek an arbitration of the
dispute between him and respondents 1 and 2 as per the process of
Arbitration and Conciliation Act. The Writ Petition is filed in the wake
of the petitioner’s contention that, Ext.P3, filed before the 1st
respondent for a certified copy of the agreement, which according to
the petitioner contain the arbitration clause, is not yet responded to.
2. Counsel for the respondents submits that Ext.P3 as such
has not been received in the office of the Manager of the 1st
respondent in Thiruvananthapuram. If the petitioner makes a fresh
request, the same shall be responded to with a copy of the
W.P.(C)No. 32180 OF 2008
-:2:-
agreement. The submission is recorded and the Writ Petition is
disposed of accordingly.
(V. GIRI, JUDGE)
ttb