Rameshkumar vs M/S.Mahindra & Mahindra Financial Services Limited

Type Court Judgment Court Kerala Decided Jan 30, 2023

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Citation: sooperkanoon.com/1358396
Court: Kerala High Court
Judge: Honourable Mr.Justice C.S.Dias
Decided On: Jan 30, 2023
Case Number: OP(C)/446/2015

Parties & Advocates

Appellant / Petitioner

Rameshkumar

Respondent

M/S.Mahindra & Mahindra Financial Services Limited

Excerpt

in the high court of kerala at ernakulampresent the honourable mr.justice c.s.dias monday, the 30th day of january 2023 / 10th magha, 1944 op(c) no. 446 of 2015 against the order/judgment ep 189/2012 of ii additional district court & sessions court,palakkad petitioner/s: rameshkumar aged 36 years s/o. c.m.rajamanikyam, nellimedu hosue, post kannimari, chittur via, palakkad district - 678 534. by adv sri.p.k.mohanan(palakkad) respondent/s:m/s.mahindra & mahindra financial services limited having its registrered office at gateway building, apollo bunder, mumbai - 400 001, with its corporate office at sadhana house, 2nd floor, 570, p.b.marg, behind mahindra towers, worli, mumbai - 400 018. represented by power of attorney holder pratheesh a.c., legal executive m/s. mahindra & mahindra financial services ltd, thrissur. by adv sri.devaprasanth.p.j.this op (civil) having come up for admission on 30.01.2023, the court on the same day delivered the following:c.s dias,j.--------------------------- ----------------------------- dated this the 30th day of january, 2023.judgmentthe learned counsel appearing for the petitioner submits that the subject-matter in dispute between the parties has been settled and ep no.189/2012 of the court of the second additional district judge, palakkad, has already been closed. the above submission is recorded. in the light of the above submission, i hold that nothing further survives in the original petition. the original petition is dismissed as infructuous. sd/- sks/30.1.2023 c.s.dias, judge appendix of op(c) 446/2015 petitioner exhibitsp1 - a true copy of the arbatration award (m&m) no. 357/2009 dt. 28.10.10 by arbitrator a. srinivasan. p2 - a true copy of the execution petition ep 189/12 dt. 19.9.12 filed before the district judge, palakkad. p3 - a true copy of the counter statement dt. 02.3.13. p4 - a copy of order dt. 20.11.14 in ep district judge, palakkad.

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS MONDAY, THE 30TH DAY OF JANUARY 2023 / 10TH MAGHA, 1944 OP(C) NO. 446 OF 2015 AGAINST THE ORDER/JUDGMENT EP 189/2012 OF II ADDITIONAL DISTRICT COURT & SESSIONS COURT,PALAKKAD PETITIONER/S: RAMESHKUMAR AGED 36 YEARS S/O. C.M.RAJAMANIKYAM, NELLIMEDU HOSUE, POST KANNIMARI, CHITTUR VIA, PALAKKAD DISTRICT - 678 534. BY ADV SRI.P.K.MOHANAN(PALAKKAD) RESPONDENT/S:
M/S.MAHINDRA & MAHINDRA FINANCIAL SERVICES LIMITED HAVING ITS REGISTRERED OFFICE AT GATEWAY BUILDING, APOLLO BUNDER, MUMBAI - 400 001, WITH ITS CORPORATE OFFICE AT SADHANA HOUSE, 2ND FLOOR, 570, P.B.MARG, BEHIND MAHINDRA TOWERS, WORLI, MUMBAI - 400 018. REPRESENTED BY POWER OF ATTORNEY HOLDER PRATHEESH A.C., LEGAL EXECUTIVE M/S. MAHINDRA & MAHINDRA FINANCIAL SERVICES LTD, THRISSUR. BY ADV SRI.DEVAPRASANTH.P.J.
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 30.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
C.S DIAS,J.
--------------------------- ----------------------------- Dated this the 30th day of January, 2023.

JUDGMENT

The learned counsel appearing for the petitioner submits that the subject-matter in dispute between the parties has been settled and EP No.189/2012 of the Court of the Second Additional District Judge, Palakkad, has already been closed. The above submission is recorded. In the light of the above submission, I hold that nothing further survives in the original petition. The original petition is dismissed as infructuous. SD/- Sks/30.1.2023 C.S.DIAS, JUDGE APPENDIX OF OP(C) 446/2015 PETITIONER EXHIBITS

P1 - A TRUE COPY OF THE ARBATRATION AWARD (M&M) NO. 357/2009 DT. 28.10.10 BY ARBITRATOR A. SRINIVASAN. P2 - A TRUE COPY OF THE EXECUTION PETITION EP 189/12 DT. 19.9.12 FILED BEFORE THE DISTRICT JUDGE, PALAKKAD. P3 - A TRUE COPY OF THE COUNTER STATEMENT DT. 02.3.13. P4 - A COPY OF ORDER DT. 20.11.14 IN EP DISTRICT JUDGE, PALAKKAD.

Same Court & Year Kerala · 2023 Same Parties Rameshkumar vs M/S.Mahindra & Mahindra Financial Services Lim... Same Judge Honourable Mr.Justice C.S.Dias