Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.SOMARAJAN FRIDAY, THE 30TH DAY OF JUNE 2023 / 9TH ASHADHA, 1945 E.P.NO.382/2018 IN A.R.NO.49/2015 OF IV ADDITIONAL DISTRICT COURT, THRISSUR PETITIONER: NANDAKUMAR, AGED 61 YEARS, S/O JANAKI AMMA, KAIPPILLY HOUSE, THOTTAKKATTUKARA DESOM, THRISSUR DISTRICT- 683 108 BY ADVS. RAJIT AGNA PREM RESPONDENTS: 1 ANTONY GEORGE, S/O K.B GEORGE, KATTUNKATHIYIL HOUSE, KAVALAMKODAM, VALAYUR EAST, CHERTHALA, ALAPPUZHA - 688 524 2 E ESHWARAN, S/O KANDASWAMY GOUNDER, ARTHANARIPALAYAM, R. PONNAMPPURAM, POLLACHY, COIMBATORE, TAMIL NADU- 642 001 THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 30.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
Consequent to the passing of Ext.P3 award, the petitioner came up before the District Court under Section 34 of the Arbitration and Conciliation Act, 1996 by filing Ext.P4 petition, in which a stay application was also maintained. The District Court ordered stay subject to the furnishing of security or to deposit sufficient amount to meet the award within three months. But due to some other reasons, the petitioner could not deposit the amount or furnish security within that time. Thereon, the other party initiated E.P wherein the property belonged to the petitioner was attached. Subsequently, at the instance of the petitioner another property was substituted by releasing the earlier one. Ext.P8 is the application submitted for getting stay of execution proceedings and it was filed in Ext.P4 pending proceedings. So far it has not been taken up, considered or adjudicated by the District Court. Hence, he seeks early disposal of the said petition. Since it is for early disposal of the said petition, notice to the respondents is dispensed with. There will be a direction to the District Court to take up Ext.P8 application on the next posting date itself, if it is possible to dispose of the same on the same day itself or it can be disposed of within another two weeks from that date with notice to the respondents. Till that time, the execution proceedings will stand deferred. The Original Petition will stand disposed of accordingly. Sd/- P.SOMARAJAN JUDGE rkr-30/06 APPENDIX OF OP(C) 1301/2023 PETITIONER EXHIBITS Exhibit P1 A TRUE OF THE CLAIM RAISED BY THE RESPONDENTS IN ARBITRATION REQUEST NO. 49/ 2015 BEFORE THE HON'BLE ARBITRATOR DATED 16.01.2017 Exhibit P2 A TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE PETITIONER IN A.R 49/2015 BRFORE THE HON'BLE ARBITRATOR DATED 14.03.2017 Exhibit P3 A TRUE COPY OF THE AWARD DATED 27-02-2018 IN AR NO. 49/2015 OF THE HON'BLE ARBITRATOR Exhibit P4 A TRUE COPY OF THE ABOVE APPLICATION
ARBITRATION OP NO. 173/2018 FILED BY THE PETITIONER BEFORE THE HON'BLE DISTRICT COURT, THRISSUR DATED 29.06.2018
Exhibit P5 A TRUE COPY OF THE EXECUTION PETITION EP DISTRICT COURT, THRISSUR DATED 19.07.2018 Exhibit P6 A TRUE COPY OF THE ABOVE ORDER DATED 23-07- 2018 IN IA 2605/2018 IN ARBITRATION OP NO. Exhibit P7 A TRUE COPY OF THE E.A 38/2019 IN E.P COURT, THRISSUR DATED 03.01.2019 Exhibit P7(a) A TRUE COPY OF THE PROCEEDINGS IN E.A 38/2019 IN E.P 382/2018 IN A.R 49/2015 FILED BY THE COURT, THRISSUR DATED 11.02.2019 Exhibit P8 A TRUE COPY OF THE ABOVE APPLICATION FILED BY
THE PETITIONER IN IA NO. 1/2023 IN ARBITRATION OP NO. 173/2018 BEFORE THE 4TH ADDITIONAL DISTRICT COURT, THRISSUR DATED 20.01.2023 RESPONDENTS EXHIBITS NIL TRUE COPY P.A.TO JUDGE